Parties to this Agreement. This agreement is by and between user and 1-800-ANY-INJURY LLC (hereinafter referred to as “Company”).
Security of Subscriber’s Payment Information. Subscriber hereby desires and seeks to utilize Company’s offered service for the indicated fee amount (with the ongoing ability to CANCEL AT ANY TIME and for ANY REASON, see below), which will be charged to the provided credit/debit card and processed via PayPal, perhaps the most trusted and secure payment processor; the foregoing notwithstanding, Company has no control and therefore no responsibility whatsoever and shall not ever in any way be liable for anything relating to PayPal; Company (hereinafter incorporating by reference any of its assignees, members, officers, directors, employees or anyone else in direct or indirect relation to this agreement and/or service) will not see much less know or possess ANY of Subscriber’s credit card or other payment information, only the Name and Email Address and, if applicable, phone number, which Subscriber provides to PayPal. For any Service Plan which offers or requires payment by check, Automated Clearing House (ACH), or equivalent, Company shall in no way ever be liable for but will seek to protect any of Subscriber’s provided financial information.
Company’s Full and Permanent Right to Limit Subscribers at Any Time and/or for Any Reason. Subscriber hereby understands and agrees that Company fully reserves the right to limit the number of subscribers at any time and for any reason, and that Company, at its own discretion and determination and option, may or may not grant Subscriber a limited license allowing them to disseminate the 1-800-ANY-INJURY SM automated hotline which would be in addition or, if agreed upon, in lieu of, Company’s own advertising and/or promotion effort, and that upon cancellation by either party, subscriber agrees to immediately and fully discontinue any reference to or use or dissemination of the 1-800-ANY-INJURY SM number, including but not limited to any website, letterhead, advertising, letters, emails, tweets or by any other means whatsoever, and to immediately and upon notice remit any costs generated by calls to said number which reference or relate to subscriber, without limit with respect to time or amount, and that any disputes, if any, shall be solely resolved by Company so same shall not be left holding the proverbial bag for any costs or other detrimental factors caused by subscriber’s use of said number.
Company’s Full and Permanent Right to Discontinue Altogether, Modify, or Change Pricing of Service Plans or Offerings. Subscriber hereby understands and agrees that Company reserves the right to modify or discontinue this offering, or the pricing thereof, at any time and for any reason upon notice to the email address provided by Subscriber, and that no expectations, promises, warranties, or projections of any kind have been made by Company; if Subscriber does not heartily agree with any possible changes, Subscriber shall have the right to cancel subscription AT ANY TIME and FOR ANY REASON per Company’s ongoing policy.
Fitness of Service. Subscriber fully understands and agrees that Company neither manufactures nor maintains its own equipment and, like most companies, is fully dependent on its technology and equipment suppliers regarding the fitness of same. While Company neither foresees nor expects any such issues to occur, such is entirely possible, and Subscriber fully agrees to defend, hold harmless, and indemnify Company if said equipment or service is interrupt or fails to function properly at any time. Per Company’s ongoing policy, Subscriber will of course have the option to cancel their subscription at any time and for any reason per the policy delineated herein below.
Full and Advance Waiver of Ability to Take Legal Action for Any Reason. Subscriber hereby knowingly, willingly, and voluntarily waives any real or potential right to sue or bring any action against Company or any affiliated entities or any of its assignees, members, officers, directors, employees or anyone else in direct or indirect relation to this agreement and/or service, and agrees to defend, indemnify, and hold harmless Company and any of its assignees, members, officers, directors, employees or anyone else in direct or indirect relation to this agreement and/or service, including full payment of any legal or other fees incurred by Company at any time. Subscriber further understands, asserts, affirms, and agrees that if any dispute or dissatisfaction arises at any time, subscriber’s sole recourse is and will ever be solely to cancel the subscription and that said potential cancellation must be emailed to and properly received by Company via info@800anyinjury.com or Subscriber can always cancel directly via their PayPal account. If Subscriber does not fully agree with this full and advance waiver, Subscriber shall NOT proceed with the sign-up process or remain on Company’s website and shall NOT subscribe to any of Company’s services or offerings.
Release of Liability. Subscriber (hereafter referred to as “Releaser”) desires, seeks, and agrees to participate in one or more service offerings of Company (referred to herein as the “Activity”), commencing at the time of subscription and lasting until Activity is terminated by Company or subscription is cancelled by Releaser, and further agrees to release, waive, discharge, and covenant not to sue, and agrees to hold Company, its trustees, officers, servants, agents, volunteers, employees, and assignees (hereafter referred to as the “Releasees”) from and against any and all liabilities, demands, claims, or injuries, including death, that Releaser may sustain during or in conjunction with the Activity. Releaser agrees that Releaser’s safety and protection is Releaser’s own responsibility. Releaser agrees to make sure to know how to safely participate in the Activity, and Releaser agrees to observe any rules and practices that may be employed to minimize the risk of injury, and to refrain from any and all actions that might pose a hazard to Releaser or others. Releaser and anyone claiming on behalf of Releaser releases and forever discharges Releasee and its affiliates, successors and assigns, officers, employees, representatives, partners, agents, and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, known or unknown, which Releaser has or ever had or may in the future have against Releasee or any of the Released Parties. In exchange for the release of claims, Releasee will provide Releaser the opportunity to subscribe to Releaser’s service offering(s), so long as Releaser remains in good standing in Releasee’s sole discretion. This Release shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to Releaser or any other person or entity, that it admits liability or responsibility at any time for any purpose, or that Releaser has any rights whatsoever against the Releasee or the Released Parties. This Release shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, personal representatives, executors, successors, and assigns. Releaser has the authority to release the Claims and has not assigned or transferred any Claims to any other party and shall not do so. The provisions of this Release are severable. Section 6 herein above notwithstanding, If any term of this Release is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. This Release constitutes the entire agreement between the parties concerning the subject matter of this Release. This Release may not be altered, amended, or modified, except as agreed in writing by both parties. Both parties represent that they fully understand their right to review all aspects of this Release with attorneys of their choice, that they have had the opportunity to consult with attorneys of their choice, that they have carefully read and fully understand all the provisions of this Release, and that they are freely, knowingly, and voluntarily entering into this Release. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE OR SERVICES, ANY SERVICES OR WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Governing Law and Dispute Resolution. This Agreement is governed by and shall exclusively be construed in accordance with the laws of the United States of America (USA).
Exclusive Venue: Section 6 herein above notwithstanding, in such instance that any matter related to this Agreement does go to court, subscriber agrees in advance that exclusive venue shall be determined wholly, fully, and solely by Company, and Subscriber hereby agrees to pay any and all legal, travel, and all other expenses incurred by Company as a result of any legal action which Subscriber takes against Company, as well as any amount awarded to Subscriber in any such matter. If Subscriber does not fully agree with this full and advance waiver, Subscriber shall NOT proceed with the sign-up process, shall NOT subscribe to any of Company’s services or offerings, and shall exit website forthwith.
By accessing this website or subscribing to the service, you agree to all of these Terms and Conditions; these are absolutely non-negotiable so if you do not readily and heartily agree with any of them, do not subscribe to the service or access the website.
Cancellation Policy. Company only desires subscribers who are thrilled with this service and therefore has a “Cancel Any Time and For Any Reason” policy in that Subscriber may cancel this subscription at any time and said subscription would then expire at the end of the then-current subscription interval and no further subscription fees would be due unless subscriber elects, and is permitted by Company, to re-subscribe at some future time. If at some point in the future usage or other fees are charged separately from the subscription fee as agreed to by Subscriber and Company, cancellation will not relieve Subscriber from the obligation to immediately remit any and all due costs without limit incurred in the course of said subscription and beyond.
Per-call (or call blocks) pricing. Subscriber’s share of uncredited calls, i.e., those which don’t go to the extension and don’t mention any city-and-state in which their injury occurred, will be equally split among all subscribers. Company reserves the full and unencumbered right to renegotiate the pricing (per-call and/or per-minute and/or monthly fee) or to cancel any account whose Prospective Client Callback Requests or other messages are left on Company’s IVR phone system’s Menu’s voicemailbox, which are much more time-consuming to process so those will incur a per-call fee of five U.S. dollars, subject to change at any time without notice and at the sole and full discretion of Company. As always, Company will seek the constant satisfaction of its subscribers and gladly gives Subscriber the option to cancel at any time and for ANY reason in any case.
Guarantee Policy. A client’s satisfaction is always guaranteed in that subscriber shall ALWAYS have the option to cancel subscription AT ANY TIME and FOR ANY REASON whatsoever. Further, in some cases a specific threshold may be noted which would relate to a full election cycle after a one-full-cycle ramp-up period: if said threshold isn’t reached during that second (or subsequent) full cycle then the specified percentage of subscriber’s monthly (or quarterly or annual as may be the case) fees or specified percentage of any net profit generated from subscriber’s monthly subscription fees would be refunded after sufficient time as determined exclusively by Company has passed to cover any lingering per-call or other fees which might matriculate afterward. If ANY subscriber is not UTTERLY satisfied with the service at ANY time, the Company would PREFER that said subscriber do indeed cancel. Additionally, Company may, at its whole, full, and sole discretion, cancel subscriber’s subscription at any time upon notice at the email address provided by client directly or via PayPal or other processor at that time.
Privacy Policy. We only use the minimal information subscriber provides to keep the service functioning properly.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement. This Agreement may not be altered, amended, or modified, except as agreed in writing by both parties. Both parties represent that they fully understand their right to review all aspects of this Agreement with attorneys of their choice, that they have had the opportunity to consult with attorneys of their choice, that they have carefully read and fully understand all the provisions of this Agreement, and that they are freely, knowingly, and voluntarily entering into this Agreement.