Terms Of Service | Injury Opinion

Terms of Service

June 26, 2016

Table of Contents

A. The Terms
1. Acceptance of Terms
2. Definitions
3. Electronic Communications and Right to Modify Terms

B. The Website
4. InjuryOpinion Is a Venue; Third-Party Content
5. Opinions Are Not Private or Confidential; Anonymity
6. Verification; No Reliance on the Term “Health Care Professional”
7. Information Not Advice; No Client-Professional Relationship

C. User Accounts
8. User Accounts; Restricted Activities; Suspension or Termination of Service
9. Charges, Rating the Health Care Professional, Refund and Cancellation Policy
10. Receipt of Special Offers and Other Communications

D. Legal Statements
11. Release
12. Proprietary Rights of Content
13. No Endorsement of Non-InjuryOpinion Entity; No Relationship with Users
14. Information Control and Storage
15. Exclusion of Warranties
16. Limitation of Liabilities
17. Indemnification
18. Press Release Information and Third-Party Press about InjuryOpinion
19. Choice of Law
20. Dispute Resolution
21. Agreement; Assignment; Miscellaneous

E. Premium Services
22. Special Provisions Relating to Secure Remote Assistance Users
23. Special Provisions Relating to Premium Services in the Legal, Medical, Health, Pet, and Large Animal Categories

A. The Terms

1. Acceptance of Terms

Welcome to InjuryOpinion ("Service" or "Site") owned and operated by Opinion, Inc ("InjuryOpinion"). By clicking "I Agree" on the account registration or payment page or using the Site in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy, and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively "Terms"). If you do not agree with all the Terms, or if you are under the age of eighteen (18), do not use the Site. Please review all of the Terms carefully before using the Site.

By using the Site, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of eighteen (18) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged, (iv) acknowledge that the service is subject to U.S. export controls and agree that you will comply with U.S. export controls, and (v) represent that you are neither located in sanctioned country nor a prohibited person.

PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND INJURYOPINION ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE BETWEEN YOU AND INJURYOPINION AND THE DISPUTE IS NOT RESOLVED INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU AND INJURYOPINION ALSO AGREE THAT ANY CLAIMS OR DISPUTES CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW IF YOU DO NOT ACCEPT THE ARBITRATION PROVISION BELOW, YOU MAY NOT USE THE SITE.

2. Definitions

The words "User," "you" and "your" refer to the individual or entity that creates a InjuryOpinion account as a Customer and/or Health Care Professional. "InjuryOpinion," "we," "us" and "our" refer to InjuryOpinion. "Customer" refers to the person who requests an opinion on the Site. "Health Care Professional" refers to the person who provides an opinion on the Site.

3. Electronic Communications and Right to Modify Terms

When you visit InjuryOpinion or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your InjuryOpinion account profile, your current and active email address.

InjuryOpinion may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that those changes that InjuryOpinion, in its sole discretion, deems material changes to the Terms will be effective as to an existing User upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User, either via email from an @InjuryOpinion.com email address to the User's email address on file with InjuryOpinion or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the InjuryOpinion website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from InjuryOpinion email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.

B. The Website

4. InjuryOpinion Is a Venue; Third-Party Content

The InjuryOpinion Site is a venue for informational and educational purposes to allow Customers to ask questions and Health Care Professionals to answer them. Users of the Site, not InjuryOpinion, provide the content in Opinions (defined below). The Health Care Professionals determine which questions to answer; Health Care Professionals are not employees or agents of InjuryOpinion but are independent service providers using the Site to sell their Health Care Professional knowledge to Customers and, as such, together with Customers, simply Users of the Site.

InjuryOpinion is not involved in the conversations between Customers and Health Care Professionals and does not refer Customers to or endorse or recommend particular Health Care Professionals. You understand and acknowledge that InjuryOpinion cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Opinions. InjuryOpinion shall not be liable for any acts or omissions of Health Care Professionals, content in Opinions, or the ability of Health Care Professionals to answer questions. We cannot ensure that an Health Care Professional will complete a transaction. Notwithstanding the foregoing, InjuryOpinion reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User's access to the Site.

EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Site and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.

5. Opinions Are Not Private or Confidential; Anonymity

The Site is an Internet-based forum. Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and Opinions in the Health Care Professional Forum and other places where Users communicate on the Site (collectively "Opinions") is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others.

6. Verification; No Reliance on the Term "Health Care Professional"

Every Health Care Professional on the Site has credential relevant to the request in which they are answering opinions through the established relationship that each Health Care Professional maintains with a patient or attorney. Such credentials shall be governed by the applicable licensing boards and regulations in the state(s) which the health care provider is licensed. Details regarding the credential(s) for each Health Care Professional can be found by visiting your state’s Medical Board website. Other information about an Health Care Professional has been provided by the Health Care Professional but has not been verified. Use of the term "Health Care Professional" by InjuryOpinion and on the Site is only meant to describe Users who answer questions or provide Opinions on the Site, and not to guarantee any particular level of Health

Care Professionalise of these Health Care Professionals.

InjuryOpinion cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Users and information provided by Users including Health Care Professionals. You acknowledge that InjuryOpinion will not be liable for any loss or damages caused by your reliance on any information or content contained in Opinions.

7. Information Not Advice; No Client-Professional Relationship

Answers of Health Care Professionals on the Site are provided by Health Care Professionals and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. For example, Health Care Professionals in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. By answering questions, Health Care Professionals do not intend to form, and do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Health Care Professionals in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

No professional-client relationships shall be formed on the Site.

Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations unless a professional client relationship has been established outside of the Site and the Site is simply used as a non-confidential communication venue.

Before you can interact with an Health Care Professional, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.

C. User Accounts

8. User Accounts; Restricted Activities; Suspension or Termination of Service

User Accounts. When you register as a User on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify InjuryOpinion of any unauthorized use of your password or account. You should only create one account on the Site unless you provide professional services through more than one legal entity, in which each legal entity may open an account using your name as the professional. If your InjuryOpinion account has been suspended or terminated, you may not open another account on the Site.

You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active InjuryOpinion accounts.

Restricted Activities. You agree that any content you provide on the Site and your use of our Site or any Premium Services initiated through the Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) have the aim of competing with InjuryOpinion; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include. If you post material that is adult in nature, such material shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections). You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without InjuryOpinion's prior written consent. We do not knowingly collect personal information from children under 13 years of age, and if we become aware that a child under the age of 13 has submitted personal information to us, we will promptly remove it from our systems.

You are prohibited from soliciting Users of this Site, including Health Care Professionals, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with InjuryOpinion or the Site, including, but not limited to, charging money to receive answers or to communicate with purported Health Care Professionals or specialists). We reserve the right to monitor and omit references to any website that would compete with InjuryOpinion or any invitation to contact you off of the Site. Specifically, messages that contain website or email addresses within the content of the message may be reviewed by the Site Administrator. In the transaction of exchanging a Health Care Provider’s opinion, no message shall need to include an email or website address and including such shall be considered a consent for the Site to locate and forward your message for review for purposes of enforcement of these anti-solicitation Terms of Service.

Suspension or Termination of Service. You may terminate your service and account at your sole discretion and at any time by written notice via e-mail to info@InjuryOpinion.com. Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms.

At any time, with or without notice, for any or no reason, InjuryOpinion reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.

9. Charges, Rating the Health Care Professional, Refund and Cancellation Policy

InjuryOpinion's platform allows Customers to request opinions from Health Care Professionals in matters that apply to the Customer or Customer’s client. InjuryOpinion facilitates communication with Health Care Professionals via chat, emails and online message boards, and enables delivery of opinions, among other services ("Site Access Benefits"). Customers on the Site may be presented with one of three payment models: (1) pay-per-opinion model; (2) membership model; and (3) premium services model (which is explained in Section E below).

Pay-Per-Opinion. With the pay-per-opinion model, your selected Health Care Professional responds to your request with a fee associated with your request. The Health Care professional agrees to assess a fee consistent with the time and expertise required to respond to your request. Such fee shall be at the sole discretion of the Health Care Professional. Once you have received your opinion response, you may be required to pre-pay the fee to actually receive the opinion you requested. Other payment options may be offered that allow you to pay at a later time, or to have a client pay for such request. If you do not agree to pay the assessed fee for an opinion request that has already been completed, you agree to not view, download, or print the opinion for any purpose. Viewing or use of the opinion constitutes an agreement that the assessed fee is reasonable and the party first receiving the opinion shall be responsible for payment of the assessed Opinion fee.

Membership. Memberships allow Health Care Professionals and Attorneys to promote their professional practice by posting their contact information prominently on InjuryOpinion.com. InjuryOpinion does not credential these professionals and any client professional relationship should established in person and credentials of such professional should be independently validated by the Customer. Customers who elect to pay for memberships are hereinafter referred to as “Members.” The fee is automatically charged to the Member’s payment source provided on the Site and placed in the Customer Payment Pool (account of all Member’ payments). At the end of each payment period, any portion of the InjuryOpinion Membership fees remaining in the Customer Payment Pool will be paid to InjuryOpinion as compensation for the Site Access Benefits to which you were entitled during the payment period.

Rating the Health Care Professional. Health Care Professionals typically respond to Customers’ questions quickly. If the Health Care Professional requests further information before answering your question, you may wish to take advantage of the opportunity to provide more information to the Health Care Professional to allow the Health Care Professional to help you better.

Once the Health Care Professional answers your question, you may be asked to rate the Health Care Professional. If you provide a rating of 1-2, you will be asked to provide the Health Care Professional with feedback about why you are unsatisfied, so the Health Care Professional may try to help you better. This feedback will appear as a message on the Message Board associated with the opinion. By providing a rating of 3, 4 or 5, you are instructing and authorizing your payment be paid to the Health Care Professional. InuryOpinion will charge a service fee associated with the transaction that shall subtract from the total payment. InjuryOpinion does not guarantee that you will receive a response from a Health Care Professional, or that you will be satisfied with your communication with a Health Care Professional. A Health Care Professional reserves the right to provide an unbiased opinion that is consistent with the Professional’s expertise and therefore, a refund of fee can not be provided for opinions that address the opinion request but are opinions that the Customer does not find desirable. See Refunds section below for information on requesting and receiving a refund.

Memberships - Additional Terms. InjuryOpinion Memberships are intended and authorized only for professional promotion use only. Notwithstanding any other terms, InjuryOpinion reserves the right to cancel your InjuryOpinion Membership in its entirety at any time and for any reason, with or without prior notice, including, but not limited to, your excessive or inappropriate use (as determined by InjuryOpinion in its sole discretion). In the event that InjuryOpinion cancels a InjuryOpinion Membership, it will refund the current period’s fee.

Refunds, Cancellations, Abuse and Special Programs. InjuryOpinion takes customer satisfaction seriously.
For Pay-Per-Opinion Customers, if you do not provide a star rating of 3, 4 or 5, and are not satisfied with your experience on InjuryOpinion for any reason, then as your sole remedy and within thirty (30) days of when you paid for your opinion on InjuryOpinion, you may request a refund by calling Customer Service at 888-777-0000. Please check your Message Board page before requesting a refund to make sure you have viewed the most up-to-date responses to your concerns. If you have provided a star rating of 3, 4 or 5 or more than thirty (30) days have elapsed since your payment, you will not be entitled to a refund.
Members may cancel their Membership at any time and request a refund of that period’s fee by contacting Customer Service at 888-587-8220.

InjuryOpinion maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at InjuryOpinion’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by InjuryOpinion for use towards answers on the Site remain the property of InjuryOpinion (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User, will be usable only for thirty (30) days.

10. Receipt of Special Offers and Other Communications

By accepting these Terms, you agree to receive coupons, special offers, and other communications from InjuryOpinion per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your InjuryOpinion profile.

D. Legal Statements

11. Release

Users are responsible for their acts and omissions and content placed on the Site. InjuryOpinion will not be liable to Users for any disputes that may arise between or among Users.

12. Proprietary Rights of Content

You acknowledge that InjuryOpinion and its licensors and suppliers own the rights to the InjuryOpinion website and the content displayed on the Site other than Opinions. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the InjuryOpinion website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by InjuryOpinion, InjuryOpinion Users, or InjuryOpinion Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Any access to or use of InjuryOpinion to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with InjuryOpinion (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of InjuryOpinion is prohibited. This prohibition specifically applies, but is not limited to, software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access InjuryOpinion or copy, display, distribute, perform or create derivative works from content displayed on the Site or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on InjuryOpinion or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of InjuryOpinion webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.

You agree that Opinions on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the InjuryOpinion blogs; the InjuryOpinion venues on www.facebook.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com ; the Site administrator or any employee, officer or agent of InjuryOpinion ("User Content"), will not be considered confidential and may be used by InjuryOpinion, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that InjuryOpinion owns, and has the right to register in its name, trademarks and service marks for any category names that you create on InjuryOpinion, so do not use a category name that you want to reserve for your own benefit. InjuryOpinion may use other trademarks or service marks in lieu of the category names that you create.

13. No Endorsement of Non-InjuryOpinion Entity; No Relationship with Users

InjuryOpinion may endeavor to offer to its Users products and services offered by non-InjuryOpinion entities. The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by InjuryOpinion. InjuryOpinion has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. InjuryOpinion encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. InjuryOpinion cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links or names of such non-InjuryOpinion entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. By using this Site, you agree that InjuryOpinion is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold InjuryOpinion harmless from any and all liability arising from such actions, and you expressly relieve InjuryOpinion from all liability arising from your use of Third Party Services.

You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and InjuryOpinion or between any User (including Customers and Health Care Professionals) and InjuryOpinion by formation of this Agreement (or any of the Terms) or by your participation on the Site.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

14. Information Control and Storage

We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that InjuryOpinion is not responsible for the acts or omissions of Users on the Site.

The amount of storage space per User is currently limited. You agree that InjuryOpinion is not responsible or liable for the deletion or failure to store content and/or other information.

15. Exclusion of Warranties

INJURYOPINION SERVICES, SOFTWARE, AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. INJURYOPINION DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INJURYOPINION DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES WILL INJURYOPINION BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS HEALTH CARE PROFESSIONALS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INJURYOPINION OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.

16. Limitation of Liabilities

IN NO EVENT SHALL INJURYOPINION, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO INJURYOPINION IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify and hold InjuryOpinion, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Site.

18. Press Releases and Third-Party Press about InjuryOpinion

The Site may contain press releases and other information about InjuryOpinion. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by InjuryOpinion. Likewise, third-party press about InjuryOpinion or the Site should not be relied upon as being provided or endorsed by InjuryOpinion.

19. Choice of Law

The Terms shall be governed by, and construed in accordance with the laws of the State of Wyoming, without regard to its conflicts of law provisions.

20. Dispute Resolution

If you have a dispute with InjuryOpinion or if InjuryOpinion has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:

(a)Informal Resolution. Prior to initiating mediation or arbitration, the party with a grievance must:

(i) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to the User’s email address on file with InjuryOpinion, or InjuryOpinion LLC, P.O. Box 29045, San Francisco, CA 94129 or legal@InjuryOpinion.com, whichever is applicable (“Dispute Notification”);

(ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.

(iii) The other party then has 15 days to consider the response and reply.

(b)Mediation. If the dispute is not resolved informally, either party may make a demand for mediation, with the other party’s consent, by filing a: (i) Request for AAA Online Mediation for Claims under $10,000 with the American Arbitration Association (“AAA”); or (ii) Request for Mediation with the AAA. To file a request for mediation for a claim under $10,000, you must go to the following website: http://services.adr.org/eroom/faces/welcome_and_steps.jspxhttp://www.aaamediation.com/http://www.aaamediation.com/. If that link does not work, please contact legal@InjuryOpinion.com at InjuryOpinion for updated information. If you are requesting mediation for a claim that is worth $10,000 or more, you must go to the following website to file such a claim:

https://www.adr.org/aaa/faces/services/disputeresolutionservices/mediation?_afrLoop=116582556835025&_afrWindowMode=0&_afrWindowId=null#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D116582556835025%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dkgte21xx_4&_afr.ts=1449619920720. If that link does not work, please contact legal@InjuryOpinion.com at InjuryOpinion for updated information. If either party requests mediation and both parties consent to mediation, the costs of mediation will be borne equally by the parties.

(c) ARBITRATION. IF MEDIATION DOES NOT OCCUR OR IF MEDIATION DOES NOT RESOLVE THE DISPUTE, THEN BOTH PARTIES AGREE TO ARBITRATE ANY DISPUTES THEY HAVE WITH THE OTHER SO LONG AS SUCH DISPUTES ARE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SPECIFICALLY, YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT GOVERNS SECTION 20(B) AND THAT YOU AND INJURYOPINION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY INVOLVING ALL DISPUTES, CLAIMS AND CONTROVERSIES, OF ANY SORT OR NATURE, BETWEEN US, ARISING OUT OF THE USE OF THE SITE AND WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION REGARDING ANY DISPUTE. YOU AND INJURYOPINION AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU MUST FILE ANY DEMAND FOR ARBITRATION YOU MAY HAVE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). SUCH ARBITRATION IS FINAL AND BINDING AND WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, "AAA RULES"). THE DECISION OF THE ARBITRATOR(S) SHALL BE BINDING AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

(d) CLASS ACTION WAIVER. YOU AND INJURYOPINION EXPRESSLY AGREE THAT: (i) EACH PARTY MUST BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING; (ii) THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; AND (iii) NO CLAIMS MAY BE MADE THROUGH AN ACTION PURPORTING TO REPRESENT A CLASS OF USERS OR OTHERWISE ASSERTING CLAIMS ON BEHALF OF A CLASS (“CLASS ACTION WAIVER.

This Dispute Resolution section shall survive termination of this Agreement.

21. Agreement; Assignment; Miscellaneous

The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any InjuryOpinion employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of InjuryOpinion), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, this Agreement and the Privacy Policy will prevail over other Terms of the Site; also, this Agreement, the Privacy Policy, and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. InjuryOpinion’s failure to exercise or enforce any of the Terms shall not constitute a waiver of InjuryOpinion’s right to exercise or enforce the Terms as to the same or another instance. Headings in this Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

You agree that InjuryOpinion may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Site, the pricing offered, and fraud mechanisms in place, are based upon individual usage. InjuryOpinion shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of InjuryOpinion. No delay or omission on the part of InjuryOpinion in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

This Section, along with Sections 5, 9 (with respect to amounts remaining in your account as of termination), 10, 12, 15, 16, 17, 19 and 20 above will survive any termination of this Agreement.
To view the terms of service which govern deposits made prior to November 19, 2010 at 4:30 p.m. PST, see here. For Customers with deposits made prior to November 19, 2010 at 4:30 p.m. PST, who ask another pay-per-question after November 19, 2010 at 4:30 p.m. PST, the earlier deposit will become subject to the new 30-day refund policy beginning on the date of the new payment when the Customer re-agrees to the current Terms of Service.

E. Premium Services

You may be presented with an offer for services outside of the Site’s standard question-and-answer platform (“Premium Services”).

InjuryOpinion is only a venue which facilitates communication between Health Care Professionals and potential Users of Premium Services. It does not provide any of the substance or content of any Premium Service initiated through InjuryOpinion’s platform.

InjuryOpinion will in no way be liable for any acts or omissions of Health Care Professionals in performing Premium Services (or any services) for you.

22. Special Provisions Relating to Secure Remote Assistance Users

If you agree to accept Secure Remote Assistance services (whether such services are Information Only or Beyond Information Only) from an Health Care Professional, you understand and agree that by accepting such offer for services, you are agreeing to give the Health Care Professional full access to and control over your computer (including permission to download and use software on your computer, gather system data, modify settings, etc.) for computer diagnosis, service and repair. You agree that any third-party software acquired, installed or used during the Secure Remote Assistance session, by you or by the Health Care Professional, will be licensed to you, and that any terms of use relating to the third-party software are agreed to by you, that InjuryOpinion may record via video the Secure Remote Assistance Session for internal purposes, and that you will not use the Health Care Professional’s services to do anything unlawful.

23. Special Provisions Relating to Premium Services in the Legal, Medical, and Health, Categories

Premium Services may be: (1) “Information Only” or (2) “Beyond Information Only”. “Information Only” Premium Services are those premium services outside the Site’s standard question-and-answer platform and may be conducted off the Site (either by phone, chat, email, Secure Remote Assistance or any other third-party tool) but remain for general informational services only. Premium Services that are “Beyond Information Only” facilitate Legal, Medical, and Health Category Users’ exchange of services that are more than informational and that could potentially evolve into a professional relationship.

Information Only Premium Services:

If you decide to accept Information Only Premium Services, you understand that by receiving such Premium Services, you are agreeing to the following terms and conditions:

1. Any Information Only Premium Services you receive from a legal or medical professional are for general informational purposes only.
2. The legal or medical professional from whom you are receiving Information Only Premium Services is not acting as your attorney or doctor.
3. The legal or medical professional from whom you are receiving Information Only Premium Services may not be licensed in the jurisdiction where you are located.
4. The Information Only Premium Services are not subject to an attorney-client/doctor-patient relationship or attorney-client/doctor-patient privilege. Before applying the Information Only Premium Services to your specific situation, you should consult with a professional licensed to practice in your jurisdiction.
5. Any amounts a Customer pays for Information Only Premium Services are divided into two distinct parts: InjuryOpinion’s fee for enabling the request, offer and/or fulfillment of Premium Services and related services (“Additional Site Access Benefits”) and the Health Care Professional’s fee for the specific Premium Service provided to the User. InjuryOpinion does not share in any Health Care Professional’s fee.
6. Once you accept an offer for Information Only Premium Services, your payment method on file, if any, will be automatically charged the Premium Services amount. If you have already asked a question, received a response and have not yet rated the Health Care Professional, if you then proceed to accept such Health Care Professional’s offer of Premium Services, you will be deemed to have accepted the response as if you had given such Health Care Professional a “5” rating (See Section 9, Rating the Health Care Professional, above).

Beyond Information Only Premium Services

If you decide to accept Beyond Information Only Premium Services, you understand that by receiving such Premium Services, you are agreeing to the following terms and conditions:
1. InjuryOpinion is not involved in any agreements between you and any Health Care Professionals from whom you choose to receive Beyond Information Only Premium Services.
2. InjuryOpinion does not form any attorney-client/doctor-patient relationship with any User through its question-and-answer platform or by virtue of any “Beyond Information Only” Premium Services.
3. InjuryOpinion will endeavor to find an Health Care Professional relevant to your request for Premium Services Beyond Information Only. Nevertheless, InjuryOpinion does not guarantee that any Health Care Professional who contacts you can fulfill your request for Premium Services Beyond Information Only. Providing a platform where potential Customers can engage the services of Health Care Professionals who offer Premium Services Beyond Information Only does not imply an endorsement or recommendation for any particular Health Care Professional (except as specified in Section 6 above).
4. InjuryOpinion is not a law firm and it does not provide any legal advice, counsel, or recommendation to Users, nor is InjuryOpinion a lawyer referral service.
Payment for Beyond Information Only Premium Services will be described in the particular offer. InjuryOpinion’s payment structures take into consideration fee sharing restrictions under various professional ethics rules.

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