Terms of Use
Severson & Werson makes its website available only for informational purposes. It is not a solicitation for business. The website does not offer general or specific legal advice nor does it (or the ability to contact us by e-mail) create an attorney-client relationship between the website visitors and Severson & Werson. Severson & Werson accepts clients only through strict, formal procedures established by the Firm, and the Firm does not render advice through its website.
This website does not constitute legal advice, and none of its posts, comments, or e-mails should be interpreted or relied on as such. Severson & Werson makes no claims, promises or guarantees about the choices, accuracy, completeness, timeliness, relevance, or adequacy of the information contained in its website.
Arbitration/Class Action Waiver.
The following arbitration provisions significantly affect your rights in any dispute with us. Please read the following disclosures and the arbitration provision that follows carefully before you sign the contract.
- If either you or we choose, any dispute between you and us will be decided by arbitration and not in court.
- If such dispute is arbitrated, you and we will give up the right to a trial by a court or a jury trial.
- You agree to give up any right you may have to bring a class action lawsuit or class arbitration, or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.
- The information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit.
- Other rights that you and/or we would have in court may not be available in arbitration.
Any claim or dispute, whether in contract, tort, statute, or otherwise (including any dispute over the interpretation, scope, or validity of this provision, arbitration section or the arbitrability of any issue), between you and Severson & Werson, P.C., or any of our shareholders, employees, agents, contractors, webhosts, web designers, administrators, successors, or assigns (each a “Third Party Beneficiary”), which arises out of or relates to this website, the data provided to us, the data held to us, alleged improper data exfiltration or sharing, your subscription, or any resulting transaction or relationship arising out of your access to the Firm’s website or weblog(s) (including any such relationship with third parties who do not sign this contract) shall, at the election of either you, us, or a Third Party Beneficiary, be resolved by a neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, or by any other organization that you may choose, subject to our or a Third Party Beneficiary’s approval. You may get a copy of the rules of the American Arbitration Association by visiting its website at www.adr.org.
The arbitrator shall be an attorney or retired judge and shall be selected in accordance with the applicable rules. The arbitrator shall apply the law in deciding the dispute. The arbitration hearing shall be conducted in the federal district in which you reside in California or, if you do not reside in California, in the federal district for the United States District Court for the Central District of California. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the applicable rules up to $125, and we will pay any additional initial filing fee or case management fee. We will pay the whole filing fee or case management fee if we demand arbitration first. We will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. Nothing in this paragraph shall prevent you from requesting that the applicable arbitration entity reduce or waive your fees, or that we or a Third Party Beneficiary voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim.
Your access to the Firm’s website, subscription to and use of the Firm’s weblog(s), and providing of data to the Firm in connection with same evidences a transaction involving interstate commerce. Any arbitration under this agreement shall be governed by the Federal Arbitration Act (9 USC 1, et seq.). Judgment upon the award rendered may be entered in any court having jurisdiction.
If any clause within this arbitration section, other than clause 3 or any similar provision dealing with class action, class arbitration or consolidation, is found to be illegal or unenforceable, that clause will be severed from this arbitration section, and the remainder of this arbitration section will be given full force and effect. If any part of clause 3 or any similar provision dealing with class action, class arbitration or consolidation is found to be illegal or unenforceable, then this entire arbitration section will be severed and the remaining provisions of this agreement shall be given full force and effect as if the arbitration section of this agreement had not been included in the Terms of Use. In no event shall an arbitrator be authorized to resolve a claim or dispute or make awards or grant relief exceeding the limitations in clause 3 or any similar provision on class actions, class arbitrations, or consolidation.