Kinetic Apps Terms and Conditions
Last Updated: June 9, 2026
PART I – PAYME PLATFORM TERMS
PayMe Terms of Service
Last Updated: June 9, 2026
Welcome to Control. Alt. Delete. LLC ("PayMe"). These Terms of Use ("Terms") and our Privacy Policy ("Privacy Policy") govern your use of PayMe's web-based applications and software ("App"), so please read them carefully.
The App may provide you with one or more features or services in connection with identifying potential payments and money that may be owed to you from various sources, including class action settlements, subscriptions, refunds, and other payment opportunities, and facilitating the claiming or collection of such payments. Some opportunities displayed in the App may relate to pending litigation that has not yet resulted in a settlement; there is no guarantee that any pending case will result in a settlement or that you will receive any payment. You are never required to use PayMe or any claims filing service to submit a claim—you may always file claims directly with settlement administrators or claims administrators at no cost through their official websites. The App and the features and services provided through the App are collectively called the "Services" throughout these Terms.
Agreement to Terms.By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.
Privacy Policy. Our Privacy Policy describes how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. By using the Services, you consent to receive communications from us, including via email, push notifications, text messages, and in-app messages, regarding the Services, your Account, claim opportunities, security updates, and other service-related announcements. You may opt out of promotional communications at any time through your Account settings, but you cannot opt out of receiving critical service-related communications.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PAYME THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Information Sharing and Lead Generation; No Attorney-Client Relationship
By using the Services, you acknowledge and agree to the following:
(a) Information Sharing with Third Parties.PayMe may share your personal information, including your contact information and information about potential legal claims or settlements for which you may be eligible, with third parties including law firms, legal service providers, and lead generation companies ("Legal Partners"). PayMe may receive compensation from Legal Partners for providing your information. Legal Partners may contact you regarding legal services, class action lawsuits, or other legal matters.
(b) No Attorney-Client Relationship. PayMe is not a law firm and does not provide legal advice or legal representation. Providing information through the Services does not establish an attorney-client relationship between you and PayMe, or between you and any law firm or Legal Partner.
(c) No Expectation of Confidentiality. You should have no expectation that information you provide through the Services will be kept confidential. Information you provide may be shared with Legal Partners, settlement administrators, lead generation companies, and other third parties as described in these Terms and the Privacy Policy.
(d) Consent to Sharing. By using the Services, you consent to PayMe sharing your information with Legal Partners and other third parties as described herein. If you do not consent to such sharing, you should not use the Services.
Claims Filing; Optional Service; Direct Filing
You acknowledge and agree that:
(a) Optional Service. Using PayMe to identify or file claims is entirely optional. You are never required to use PayMe or any claims filing service.
(b) Free Direct Filing. You may always file claims directly with settlement administrators or claims administrators through their official websites at no cost. Settlement administrators are required to accept claims submitted directly by class members.
(c) No Advantage. Filing a claim through PayMe does not provide any advantage in the claims review process, does not increase your likelihood of receiving payment, and does not increase the amount you may receive compared to filing directly with the settlement administrator.
(d) Your Choice.By using PayMe's Services and paying any applicable fees, you are choosing to use PayMe's convenience services rather than filing claims directly. This choice is yours alone, and PayMe encourages you to consider whether the convenience of our Services is worth any applicable fees given that direct filing is available at no cost.
Bill Negotiation and Bill Reduction Services
PayMe may offer services that help you lower recurring bills (including, for example, phone, internet, cable, satellite, security, and similar services) by facilitating negotiation with the company that bills you ("Biller"). These services are performed by third-party partners we engage on your behalf ("Negotiation Partners"). By submitting a bill for negotiation, you agree to the following:
(a) Authorization to Act on Your Behalf.You authorize PayMe and our Negotiation Partners to contact the Biller on your behalf for the purpose of requesting a lower rate, identifying promotional pricing, resolving billing issues, or otherwise negotiating the terms of your account. This authorization includes communicating with the Biller by phone, chat, email, SMS, or other channels, providing your account information, discussing your account with the Biller's representatives, and making changes to your plan or account as you have directed.
(b) Representation as the Account Holder. Many Billers will only discuss account details with, or accept changes from, the account holder, and may require the requester to confirm identifying information (such as name, billing address, last four of payment method, or account PIN) as the account holder. You therefore authorize PayMe and our Negotiation Partners, where the Biller requires it to authenticate the caller and complete the request, to represent themselves as you (the account holder) and to confirm such identifying information for the limited purpose of completing the negotiation you have submitted. You represent and warrant that the account being negotiated belongs to you and that you have full authority to direct changes to it. PayMe and our Negotiation Partners will not use this authorization for any purpose other than completing the negotiation you have authorized.
(c) Use of Your Phone Number as Outbound Caller ID. Billers frequently require that inbound calls come from the phone number of record on the account in order to authenticate the caller. You therefore authorize PayMe and our Negotiation Partners to display the phone number associated with your Account as the outbound caller ID on calls placed to your Biller in connection with a negotiation you have submitted. You represent and warrant that the phone number associated with your Account belongs to you or that you are otherwise authorized to permit its use as the outbound caller ID. PayMe verifies ownership of your phone number (including via SMS one-time passcode) at sign-up.
(d) Verification Codes and Two-Factor Authentication. Many Billers require one-time passcodes, SMS codes, PINs, or other authentication information to access or make changes to your account. You agree to promptly provide such codes or information to PayMe or our Negotiation Partner upon request so that the negotiation you authorized can be completed. PayMe and our Negotiation Partners will only request and use such codes and information for the purpose of completing the negotiation you authorized.
(e) No Guarantee of Savings; Fees. PayMe does not warrant or guarantee that any negotiation will succeed or that you will achieve any specific amount of savings. Any fees applicable to bill negotiation services will be disclosed to you before you submit a bill for negotiation, and will only be charged in accordance with those disclosed terms.
(f) Your Right to Revoke. You may revoke the authorizations granted in this section at any time by contacting us at help@kineticapps.io. Revocation will be effective on a going-forward basis; any negotiation already in progress may be completed (including any calls already placed or scheduled) before the revocation takes effect.
Subscription Cancellation Services
PayMe may offer services that help you cancel subscriptions, memberships, free trials, and other recurring services (including, for example, streaming, software, gym, dating, news, and similar services) by facilitating the cancellation request with the company providing the service ("Provider"). These services are performed by third-party partners we engage on your behalf ("Cancellation Partners"). By submitting a cancellation request, you agree to the following:
(a) Authorization to Act on Your Behalf.You authorize PayMe and our Cancellation Partners to contact the Provider on your behalf for the purpose of cancelling the subscription, membership, free trial, or recurring service you have identified, resolving billing issues related to that cancellation, requesting refunds or prorations where available, and otherwise terminating the account as you have directed. This authorization includes communicating with the Provider by phone, chat, email, SMS, in-app messaging, or other channels, providing your account information, discussing your account with the Provider's representatives, and submitting cancellation instructions on your behalf.
(b) Representation as the Account Holder. Many Providers will only accept cancellation requests from the account holder, and may require the requester to confirm identifying information (such as name, email, billing address, last four of payment method, or account PIN) as the account holder. You therefore authorize PayMe and our Cancellation Partners, where the Provider requires it to authenticate and complete the request, to represent themselves as you (the account holder) and to confirm such identifying information for the limited purpose of completing the cancellation you have submitted. You represent and warrant that the account being cancelled belongs to you and that you have full authority to direct its cancellation. PayMe and our Cancellation Partners will not use this authorization for any purpose other than completing the cancellation you have authorized.
(c) Use of Your Phone Number as Outbound Caller ID. Providers may require that inbound calls come from the phone number of record on the account in order to authenticate the caller. You therefore authorize PayMe and our Cancellation Partners to display the phone number associated with your Account as the outbound caller ID on calls placed to your Provider in connection with a cancellation you have submitted. You represent and warrant that the phone number associated with your Account belongs to you or that you are otherwise authorized to permit its use as the outbound caller ID. PayMe verifies ownership of your phone number (including via SMS one-time passcode) at sign-up.
(d) Verification Codes and Two-Factor Authentication. Many Providers require one-time passcodes, SMS codes, PINs, security questions, or other authentication information to access or close an account. You agree to promptly provide such codes or information to PayMe or our Cancellation Partner upon request so that the cancellation you authorized can be completed. PayMe and our Cancellation Partners will only request and use such codes and information for the purpose of completing the cancellation you authorized.
(e) No Guarantee of Cancellation; Refunds; Effective Date; Fees. PayMe does not warrant or guarantee that any cancellation will succeed, that the Provider will accept the cancellation, that you will receive a refund or proration, or that the cancellation will take effect on any particular date. Some Providers require notice periods, charge early-termination fees, or condition cancellation on completing additional steps directly with the Provider; PayMe is not responsible for those Provider-imposed terms. You remain responsible for any charges from the Provider that accrue before the cancellation takes effect. Any fees applicable to PayMe's subscription cancellation services will be disclosed to you before you submit a cancellation request, and will only be charged in accordance with those disclosed terms.
(f) Your Right to Revoke. You may revoke the authorizations granted in this section at any time by contacting us at help@kineticapps.io. Revocation will be effective on a going-forward basis; any cancellation already in progress may be completed (including any calls already placed or scheduled) before the revocation takes effect.
Changes to Terms or Services.We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by notifying you through the App or other communications. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with PayMe and are not barred from using the Services under applicable law.
Registration and Your Information.In order to use the Services, you'll need an account ("Account"). You agree to keep your Account information accurate, complete and up-to-date at all times. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
Feedback.We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content Ownership, Responsibility and Removal
Our Content Ownership. PayMe does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, PayMe and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.
Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to PayMe a non-exclusive, transferable, worldwide, royalty-free license, with the right to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with operating and providing the Services.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms.
Rights and Terms for Apps
App License. If you comply with these Terms, PayMe grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal devices and to run the App solely for your own personal non-commercial purposes.
Additional Information: Apple App Store. Apple has no obligation to furnish any maintenance and support services with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary thereof.
General Prohibitions
You agree not to do any of the following:
- Make changes to the App without PayMe's express written consent;
- Reverse engineer, rent, lease, loan, resell, copy, replicate, distribute, modify or recreate the App;
- Attempt to interfere with or disrupt the Services;
- Allow access to or use of the Services by anyone other than authorized personnel;
- Permit any third party to do any of the foregoing.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources. You are never required to use PayMe to file a claim. You may always file claims directly with settlement administrators or claims administrators through their official websites at no cost.
Fees and Payment
(a) Fees and Payment.Certain features of the Services may be provided for a fee or other charge ("Fees"). You agree to pay all applicable Fees in connection with your use of such Services. PayMe reserves the right to change its pricing at any time, provided that we will give you advance notice of any such pricing changes.
(b) Subscriptions. Some features of the Services may be offered on a subscription basis. Subscription Fees will be charged on a recurring basis and will be billed in advance on each billing cycle date. You may cancel your subscription at any time through your Account settings or by contacting us at help@kineticapps.io.
(c) Service Fees. In addition to any Subscription Fees, PayMe may charge service fees in connection with facilitating your submission and collection of claims. The applicable Service Fees will be disclosed to you before you authorize PayMe to facilitate any claim submission or payment collection on your behalf.
(d) Free Trials and Promotions. PayMe may offer free trials or promotional pricing for certain Services from time to time. At the end of the free trial period, you will automatically be charged the then-current subscription price unless you cancel before the end of the trial period.
(e) Refunds. Except as required by applicable law, all Fees paid to PayMe are non-refundable. However, if you purchased a subscription directly from PayMe, cancel within thirty (30) days of your initial purchase, and request a refund by emailing us at help@kineticapps.io within five (5) days of cancelling, PayMe will provide you with a full refund of your initial subscription payment.
(f) Taxes. Unless otherwise stated, all Fees are exclusive of any applicable taxes. You are responsible for paying all Taxes associated with your use of the Services.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at help@kineticapps.io.
Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO WARRANTY OR REPRESENTATION REGARDING: (A) THE LIKELIHOOD THAT YOU WILL RECEIVE ANY PAYMENT FROM ANY SETTLEMENT OR CLAIM; (B) THE AMOUNT OF ANY PAYMENT YOU MAY RECEIVE; (C) THE TIMING OF ANY PAYMENT; (D) WHETHER ANY PENDING LITIGATION WILL RESULT IN A SETTLEMENT; OR (E) YOUR ELIGIBILITY FOR ANY PARTICULAR SETTLEMENT.
Not a Law Firm; No Attorney-Client Relationship; Important Disclaimers
Not a Law Firm. PayMe is not a law firm, does not provide legal advice or legal representation, and is not acting as your attorney. PayMe provides a technology platform that helps you identify potential class action settlements and facilitates the submission of claims.
No Guarantee of Recovery. PAYME DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ELIGIBLE FOR ANY PARTICULAR SETTLEMENT, THAT ANY CLAIM YOU SUBMIT WILL BE APPROVED, OR THAT YOU WILL RECEIVE ANY PARTICULAR PAYOUT AMOUNT.
Free Filing Option. You are never required to use PayMe or any third-party claims filing service to submit a claim for a class action settlement. You may always file claims directly with the settlement administrator at no cost.
Indemnity
You will indemnify and hold harmless PayMe and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER PAYME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT.
IN NO EVENT WILL PAYME'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PAYME FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PAYME, AS APPLICABLE.
Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions.
Dispute Resolution
Mandatory Arbitration of Disputes.We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the use of the Services ("Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and PayMe are each waiving the right to a trial by jury or to participate in a class action.
Exceptions and Opt-out. As limited exceptions: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent the infringement or misappropriation of our intellectual property rights. You may opt out of arbitration by providing written notice to help@kineticapps.io within thirty (30) days following the date you first agree to these Terms.
Class Action Waiver. YOU AND PAYME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
General Terms
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between PayMe and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PayMe and you regarding the Services and Content.
Notices. Any notices or other communications provided by PayMe under these Terms will be given: (i) via email; or (ii) by posting to the Services.
Waiver of Rights.PayMe's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
Contact Information. If you have any questions about these Terms or the Services, please contact PayMe at help@kineticapps.io.
PART II – LEGAL REFERRAL, ATTORNEY ADVERTISING, AND LEGAL SERVICES DISCLOSURES
Kinetic Apps™ Website Terms and Conditions
Last Updated: March 17, 2025
Thank you for visiting the Kinetic Apps™ website located at www.kineticapps.io (the “Site”). The Site is an Internet property of Kinetic Studio, Inc. (“Kinetic Apps™,” “we,” “our” or “us”). Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Kinetic Apps™ Website Terms and Conditions (“Terms and Conditions”), in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links (“Third-Party Links”) to resources and/or information pertaining to prospective legal proceedings associated with mass tort and/or personal injuries, as well as related products and/or services (collectively, “Legal Matters”); and/or (ii) text, video and/or other information pertaining to the Legal Matters, as well as related products and/or services, as made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); and/or (c) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Kinetic Apps™ and/or attorneys or providers associated with the Legal Matters specified by you in connection with the contact form (collectively, the “Third-Party Legal Professionals”) (collectively, the “Contact Services,” and together with the Site and Content, the “Site Offerings”).
The following Terms and Conditions are inclusive of the Kinetic Apps™ Privacy Policy(“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). By using and/or accessing the Site Offerings, Users agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST SHIELD LEGAL™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY LEGAL PROFESSIONALS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Please be advised that Kinetic Apps™ is not a law firm or a lawyer referral service. As such, Kinetic Apps™ offers no legal advice, recommendations, mediation or counselling in connection with any Legal Matter, under any circumstances, and nothing we do and no element of the Site Offerings should be construed as such. Without limiting the generality of the foregoing, Kinetic Apps™ does not itself provide legal-related products and/or services in connection with any Legal Matter, and the ultimate terms and conditions of any legal-related products and/or services made available via the Contact Services, or otherwise by and through the Site Offerings, shall be determined by the applicable Third-Party Legal Professional.
Any use of the Site Offerings by you, including information submitted by you to Kinetic Apps™, is not intended to, and will not, create an attorney-client relationship between you and Kinetic Apps™ or any of the Third-Party Legal Professionals. The Site Offerings are not a substitute for professional legal and/or financial advice. You should always check with your attorney, accountant and/or other legal/financial services providers to be sure that any advice, products and/or services offered by and/or through the Site Offerings are appropriate for you. Reliance on any information made available to you by and through the Site Offerings, including the Content, is solely at your own risk. Kinetic Apps™ disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site Offerings.
Scope; Modification of Agreement.The Agreement constitutes the entire and only agreement between Users and Kinetic Apps™ with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Kinetic Apps™ may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who: (a) are eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) or older; and (b) can enter into legally binding contracts under applicable law. If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction of residence) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Site Offerings. Kinetic Apps™ may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Kinetic Apps™ believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Site Offerings.
Contact Services; Third-Party Service Providers.Where a User attempts to utilize the Contact Services, that User may be required to submit, and Kinetic Apps™ may collect, some or all of the following information: (a) the User’s full name; (b) the User’s e-mail address; (c) the User’s telephone number; (d) the User’s zip code; (e) the User’s date of birth; (f) whether the User has obtained legal representation already; (g) questions pertaining to the type of Legal Matter that the User is inquiring about (e.g. type of injury suffered, date of injury, etc.); and (h) any other information requested on the applicable form (collectively, the “User Data”). Upon entering User Data and clicking on the applicable submission button on the Site, Kinetic Apps™ may pass your User Data along to one (1) or more of its Third-Party Legal Professionals. Each User agrees to provide true, accurate, current and complete User Data. Kinetic Apps’s™ use of User Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please click here.
Kinetic Apps™ does not itself provide legal-related products and/or services in connection with any Legal Matter, and the ultimate terms and conditions of any legal-related products and/or services made available via the Contact Services, or otherwise by and through the Site Offerings, shall be determined by the applicable Third-Party Legal Professional. YOU UNDERSTAND AND AGREE THAT SHIELD LEGAL™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD-PARTY LEGAL PROFESSIONAL.
Law-Related Disclosures; Non-Endorsement; Passive Conduit.
(a)Kinetic Apps™ is not a law firm or a lawyer referral service. As such, Kinetic Apps™ offers no legal advice, recommendations, mediation or counseling in connection with any legal matter, under any circumstances, and nothing we do, and no element of the Site Offerings, should be construed as such. Please use caution and common sense when using the Site Offerings. Kinetic Apps™ in no way endorses the content or legality of any responses, statements or promises made by Third-Party Legal Professionals or any other parties featured on the Site or otherwise through the Site Offerings. You should always check with your attorney, accountant and/or other advisors to be sure that any advice, products and/or services offered by and/or through the Site Offerings are appropriate for you.
(b)Some of the Third-Party Legal Professionals who are accessible by and through the Contact Services pay a fee for inclusion in the Contact Services; provided, however, that Kinetic Apps™ does not receive any portion of any Third-Party Legal Professional’s fees.
(c)Any use of the Site Offerings by Users is not intended to, and will not, create an attorney-client relationship between any such Users and Kinetic Apps™. Without limiting the foregoing, any information submitted to Kinetic Apps™ and/or any electronic or other communication sent to Kinetic Apps™ will not create, or be covered by, an attorney-client relationship between Users and Kinetic Apps™.
(d)The Site Offerings facilitate communication between Third-Party Legal Professionals and potential users of associated law-related products and/or services. Kinetic Apps™ does not guarantee that Users will successfully find legal representation through the Site Offerings. The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise or cost offered by any Third-Party Legal Professional.
(e)Kinetic Apps™ does not review the standing of any Third-Party Legal Professionals with any regulatory authority or bar association. Therefore, Kinetic Apps™ makes no representation regarding the status, standing or ability of any Third-Party Legal Professional. When considering retaining a Third-Party Legal Professional, Users should ask for free background information from that Third-Party Legal Professional and check that Third-Party Legal Professional’s standing with the applicable state bar association. Kinetic Apps™ is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by any Third-Party Legal Professionals that are accessible through the Site Offerings. Please be aware that no agency or board may have certified such Third-Party Legal Professional as a specialist or expert in any indicated field of law practice. In addition, a Third-Party Legal Professional claiming specialization is not necessarily any more expert or competent than other legal professionals. Users should make an independent investigation, confirm and verify all claims made by Third-Party Legal Professionals. Users are encouraged to use caution when reviewing any information submitted by Third-Party Legal Professionals. Except where otherwise indicated, the Third-Party Legal Professionals are not certified by the Florida State Bar Board of Legal Specialization and Education, the Texas State Board of Legal Specialization (“Not Certified by the Texas Board of Legal Specialization”), or any other entity or body.
(f) Laws vary across legal jurisdictions and may be subject to interpretation by different courts. Laws are also very specific to individual facts and circumstances, and the law-related Content may not fit your particular circumstance. The law-related Content is provided for informational purposes only, and may not reflect current legal developments or variances in the law of different jurisdictions. The law-related Content does not necessarily reflect the opinions of any Third-Party Legal Professionals, their partners, clients or affiliates.
(g) Certain law-related Content may include descriptions of successful lawsuits brought by Third-Party Legal Professionals. These descriptions are not meant to create any unjustified expectations that similar results can be obtained for others, because each case is determined on its own specific factual and legal circumstances. No Third-Party Legal Professional can guarantee the success of a case, and past successes, even in very similar lawsuits, do not mean that success in a subsequent case is guaranteed or even likely. Results depend upon a variety of factors unique to each case.
(h)Kinetic Apps™ does not involve itself in the agreements between Users and Third-Party Legal Professionals or the actual provision of law-related products and/or services in connection with the relationships created thereby.
Additional State Specific Disclosures:
Alabama
No representation is made that the quality of the legal services to be performed by the Third-Party Legal Professionals is greater than the quality of legal services performed by other attorneys.
Alaska
The Alaska Bar Association does not accredit or endorse certifying organizations.
Florida
Kinetic Apps™ operates as a “Lawyer Directory” as defined under Florida Rule 4-7.23.
Hawaii
There is no procedure for review or approval of specialist certification organizations in Hawaii.
Illinois
The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and such a certificate, award or recognition is not a requirement to practice law in Illinois.
Iowa
Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a Third-Party Legal Professional is a specialist or expert in a field of law, nor do they mean that such Third-Party Legal Professional is necessarily any more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such Third-Party Legal Professional as a specialist or expert in an indicated field of law practice, nor does it mean that such Third-Party Legal Professional is necessarily any more expert or competent than any other lawyer.
Kentucky
THE SITE OFFERINGS ARE AN ADVERTISEMENT.
Massachusetts
If a Massachusetts Third-Party Legal Professional holds himself or herself out as “certified” in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.
Mississippi
Free background information is available upon request for any Mississippi Third-Party Legal Professional. The listing of any area of practice by a Mississippi Third-Party Legal Professional does not indicate any certification of expertise therein.
Missouri
Neither the Supreme Court of Missouri, nor the Missouri Bar, reviews or approves certifying organizations or specialist designations.
Nevada
Neither the State Bar of Nevada, nor any agency of the State Bar, has certified any Third-Party Legal Professional identified here as a specialist or as an expert.
New Jersey
Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of the State of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of the State of New Jersey and the American Bar Association.
New Mexico
Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the Third-Party Legal Professional is also recognized by the Board as a specialist in that area of law.
New York
Prior results obtained by Third-Party Legal Professionals do not guarantee a similar outcome.
Rhode Island
The Rhode Island Supreme Court does not license or certify any Third-Party Legal Professional as an expert or specialist in any field of practice.
Tennessee
Unless otherwise indicated, Tennessee Third-Party Legal Professionals are not certified as specialists by the Tennessee Commission on Continuing Legal Education and Specialization in the areas of practice listed on their marketing materials.
Texas
Unless otherwise indicated, Texas Third-Party Legal Professionals are Not Certified by the Texas Board of Legal Specialization in the areas of practice listed on their marketing materials.
Washington
The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any certificate, award or recognition by a group, organization or association used by a Washington Third-Party Legal Professional to describe his or her qualifications as a lawyer or qualifications in any subspecialty of law is not a requirement to practice law in the State of Washington.
Wyoming
The Wyoming State Bar does not certify any Third-Party Legal Professional as a specialist or expert.
Content; Third-Party Links.
The Site contains Content which includes, but is not limited to, text, video and other information pertaining to Legal Matters, as well as regularly updated Third-Party Links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
Interactions.
Users are solely responsible for their interactions with Third-Party Legal Professionals. Because Kinetic Apps™ is not involved in User interactions, in the event that you have a dispute with one or more Third-Party Legal Professionals or other Users, you hereby release Kinetic Apps™ from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
Representations and Warranties.
Each User hereby represents and warrants to Kinetic Apps™ as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User which is fully enforceable against such User in accordance with its terms; (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings and that User represents that she/he has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User will not conflict with or violate: (i) any order, judgment or decree applicable to User; or (ii) any agreement or other instrument applicable to User; and (d) the performance under this Agreement and the use of the Site Offerings will not violate any applicable laws, rules or regulations.
Indemnification.
Each User agrees to indemnify, defend and hold Kinetic Apps™, the Third-Party Legal Professionals, and their respective members, officers, directors, employees, agents, affiliates and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any other User, Third-Party Legal Professional or third-party; (b) that User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 8 are for the benefit of Kinetic Apps™, its parents, subsidiaries and/or affiliates, and each of their respective Third-Party Legal Professionals, officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
License Grant.
Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Kinetic Apps™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Kinetic Apps™, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Kinetic Apps™. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Kinetic Apps™. Each User further agrees to indemnify and hold Kinetic Apps™ harmless for that User’s failure to comply with this Section 9. Kinetic Apps™ reserves any rights not explicitly granted in the Agreement.
Proprietary Rights.
The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third-party of any part of the Site Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Kinetic Apps” and “Kinetic Apps” names and logos, and all associated graphics, icons and service names, are trademarks of Kinetic Studio, Inc.. All other trademarks appearing by and through the Site Offerings are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
Legal Warning.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Kinetic Apps™ will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
Disclaimer of Warranties.
THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SHIELD LEGAL™ MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO OBTAIN LEGAL-RELATED PRODUCTS AND/OR SERVICES; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SHIELD LEGAL™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM SHIELD LEGAL™ OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability.
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT SHIELD LEGAL™ SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHIELD LEGAL™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES, THIRD-PARTY LEGAL PROFESSIONALS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE OR OTHER SITE OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (E) THE FAILURE TO OBTAIN LEGAL-RELATED PRODUCTS AND/OR SERVICES; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES SHIELD LEGAL™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF SHIELD LEGAL™ TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR SHIELD LEGAL™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND SHIELD LEGAL™. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF SHIELD LEGAL™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third-Party Websites.
The Site Offerings contain links to other websites on the Internet that are owned and operated by third-parties including, without limitation, Third-Party Legal Professional websites and/or Third-Party Links. Kinetic Apps™ does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Kinetic Apps™ of the applicable website or any association with the website’s operators. Because Kinetic Apps™ has no control over such websites and/or resources, each User agrees that Kinetic Apps™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third-parties. Each User further agrees that Kinetic Apps™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
Editing, Deleting and Modification.
Kinetic Apps™ reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
Use of User Information.
All material submitted by Users through or in association with the Site Offerings including, without limitation, the User Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please click here.
Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between you and either Kinetic Apps™ any Covered Party concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) each party agrees to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Kinetic Apps™ reserves the right to require that any and all User claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Kinetic Apps™ that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or the applicable Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide Kinetic Apps™ with proof that you have accessed the Site and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Parties may have a right to an award of attorneys’ fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, and other than where Kinetic Apps™ requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Kinetic Apps™, any Covered Party(ies), and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Kinetic Apps™ and/or the applicable Named Party(ies) incur(s) in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Miscellaneous.
To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Kinetic Apps’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Kinetic Apps™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Contact Us.
If you have any questions about the Agreement, Site Offerings or the practices of Kinetic Apps™, you may email us as at: legal@kineticapps.io
This website is not part of the Facebook website or Facebook, Inc. Additionally, this site is NOT endorsed by Facebook in any way. FACEBOOK is a trademark of FACEBOOK, INC.
ATTORNEY ADVERTISING.This Website is not intended to provide medical advice. Consult your doctor or physician before starting or stopping any medication. Discontinuing a prescribed medication without your doctor’s advice can result in injury or death. Past results are not an indication of future results. Every case is evaluated on its own facts and circumstances. Valuation depends on facts, injuries, jurisdiction, venue, witnesses, parties, and testimony, among other factors. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Kinetic Apps does not itself provide legal services. Cases will be referred to third party attorneys and law firms. Do not rely on this advertisement in making any medical decision. Please call your physician before making any medical decision, including altering your use of any drug. Court costs and case expenses may be the responsibility of the client. Not available in all states. This advertisement is not intended as a testimonial, endorsement or dramatization, and does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, either expressed or implied. Anyone considering a lawyer should independently investigate the lawyers' credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Only persons age 18 or older have permission to access our Service.