Disclaimer - Swigart Law Group

Introduction

Welcome to our website (this “Website”). By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “Swigart Law Group,” ”us,” “we” or “our” refers to Swigart Law Group. The term “you” refers to the user or viewer of our Website. By using this Website, you further represent and warrant that you are 18 years of age or older, and that you are otherwise legally qualified to enter into contracts under applicable law. IF YOU DO NOT AGREE TO THIS LEGAL NOTICE OR OUR PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THIS WEBSITE.

Attorney Advertising.

This Website and its contents constitute attorney advertising under applicable rules of professional conduct. To the extent the Bar Rules in your jurisdiction require us to designate a single attorney responsible for this site, we designate Joshua Swigart, email: josh@swigartlawgroup.com.

Acceptance of Agreement.

You agree to the terms and conditions set forth in this Terms of Use Agreement (“Agreement”) with respect to our Website. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website and the subject matter of this Agreement.

This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.

No Legal Advice / No Attorney-Client Relationship.

Information contained on or made available through the Website is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. YOUR USE OF OUR WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND SWIGART LAW GROUP. SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM SWIGART LAW GROUP BY MEANS OF THIS WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. No attorney-client relationship is established until you have executed and returned an engagement agreement and Swigart Law Group has confirmed its receipt. In the absence of an established attorney-client relationship, you should refrain from representing to any third party, either directly or by implication, that you are represented by Swigart Law Group or that the firm is involved in your matter in any capacity. This includes refraining from copying Swigart Law Group, or any of its attorneys or employees, on emails or letters in a manner that could reasonably be interpreted by any third party as implying representation. The hiring of a lawyer is an important decision that should not be based solely upon any single source of information, including advertising on this Website. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Website. Your use of information on the Website or materials linked to the Website is entirely at your own risk. You should not act or rely on any information on the Website without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. The information contained herein does not necessarily reflect the opinions of our clients.

No Attorney-Client Privilege.

If you are not currently a client of Swigart Law Group, any information you provide to the firm may not be protected by attorney-client privilege. This means that the confidentiality typically associated with attorney-client communications does not apply to your interactions with the firm until you are formally engaged as a client. Furthermore, it is important to consider that Swigart Law Group may already represent, or may in the future represent, parties whose interests are adverse to yours. In such situations, the firm may be unable to treat the information received from you as privileged or confidential. This potential conflict of interest underscores the importance of establishing a formal attorney-client relationship before sharing sensitive information. Until such a relationship is formalized, you should exercise caution in the nature and extent of the information you choose to disclose to Swigart Law Group. You should not send confidential information related to you or your matter without our express written authorization, as doing so does not create an attorney-client relationship and does not guarantee that such information will be treated as confidential. If you communicate with us by email in connection with a matter for which we do not already represent you, you should not send confidential or sensitive information because your communication will not be treated as privileged or confidential. If you communicate with us by email in connection with a matter for which we already represent you, please remember that email is not always secure, and you should avoid sending sensitive or confidential email messages unless they are adequately encrypted.

Pre-Representation Review; Declination and Referral Disclaimer.

Before Swigart Law Group can agree to represent you, we must conduct a conflict of interest review to ensure that representing you would not conflict with our obligations to existing or former clients. Submitting an inquiry, contact form, or intake form through this Website does not create an attorney-client relationship and does not mean that we have accepted your case or agreed to represent you. We reserve the right to decline representation following our conflict of interest review, or for any other reason permitted by applicable Rules of Professional Conduct.

If we do not undertake your representation and we are aware of another attorney or law firm that may be able to assist you, we may provide you with that attorney’s or law firm’s contact information as a courtesy. Any such referral or transmission of contact information is provided for informational purposes only and does not constitute an endorsement, recommendation, or representation that the referred attorney or law firm is qualified, available, or appropriate for your matter. We do not supervise, control, or assume any responsibility for the services, advice, conduct, or omissions of any referred attorney or law firm. By accepting or acting on any such referral information, you acknowledge and agree that Swigart Law Group, APC shall have no liability arising out of or relating to the referral or any representation undertaken by the referred attorney or law firm, including any claim for negligent referral, to the fullest extent permitted by law. Until you have received written confirmation from Swigart Law Group that we have agreed to represent you and you have executed an engagement agreement, you should not assume that we represent you or act in reliance on that assumption.

Case Results, Testimonials, and Endorsements.

Any case results, verdicts, settlements, or other outcomes described or referenced on this Website are intended solely to illustrate the type of matters handled by Swigart Law Group. Prior results do not guarantee a similar outcome. Each case is unique and must be evaluated on its own individual facts, circumstances, and applicable law. Results depend upon a variety of factors unique to each case, and not all cases achieve the same outcome. Client testimonials or endorsements contained on this Website represent individual client experiences and do not constitute a guarantee, warranty, or prediction regarding the outcome of your particular legal matter. Where any individual has been compensated for a testimonial or endorsement, or has a material relationship with the firm, that relationship will be disclosed in accordance with applicable FTC guidelines.

Class Action and Contingency Fee Disclosure.

Swigart Law Group handles many consumer protection matters on a contingency fee basis, meaning you pay no attorney fees to us unless we recover money on your behalf. Any contingency fee arrangement is subject to a written fee agreement that you must execute before representation begins, and our fees, if any, will be calculated as a percentage of any recovery as set forth in that agreement or as approved by a court. In class action litigation, individuals may be putative class members without individually retaining our firm. Membership in a certified class does not guarantee individual monetary recovery. The decision to file a class action, the class to be represented, and the terms of any settlement are subject to court approval and applicable procedural rules. Submitting an inquiry or intake form through this Website does not guarantee that we will file a class action on your behalf or that you will be included in any existing or future class action matter.

Confidentiality of Your Communications.

The attorney-client relationship cannot be established through this Website or by submitting information to Swigart Law Group online. Choosing an attorney is an important decision that should not be based solely on information found on this Website or in our advertisements. We encourage you to review multiple sources of information and to contact us directly with any questions before deciding whether to retain our firm.

Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website solely in accordance with this Agreement; (b) to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use.

Your license for access and use of the Website and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Content and Materials retrieved therefrom; (b) use the Website or any materials obtained from the Website to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Website; (d) use any Content and Materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (f) make any portion of the Website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information from the Website; (i) use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the United States.

Forms, Agreements & Documents.

We may make available through the Website sample forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.

Linking to the Website.

You may provide links to the Website, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Website, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Website immediately upon request by us.

Use In Other Jurisdictions.

We practice law only in jurisdictions in which we are properly authorized to do so. We do not seek to represent anyone in any jurisdiction where the Website does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. We are unwilling to assume the representation of clients from those states where the materials do not comply with State Bar requirements and where the client is generated as a result of that communication.

To the extent any rules require us to designate a principal office and/or single attorney responsible for this site, Swigart Law Group designates San Diego, California as its principal office and designates Joshua Swigart as the attorney responsible for this site.

State Practice and Advertising Restrictions.

Swigart Law Group attorneys are licensed and authorized to practice law only in the jurisdictions in which they are individually admitted. All states and jurisdictions have statutes that make it unlawful for any person or group of persons to hold themselves out as attorneys unless admitted and licensed to practice as attorneys at law. Our attorneys practice only in jurisdictions or courts where they are admitted. A list of jurisdictions in which our attorneys are admitted to practice is available upon request.

Statement In Compliance With Certain Rules of Professional Conduct.

Unless otherwise specified, the attorneys listed on the Site are not certified as a specialist in any practice area by any applicable state certification authority.

Errors, Corrections and Changes.

We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.

Third Party Content.

Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic information.

Indemnification.

You agree to indemnify, defend and hold us and our partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Website.

Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED HEREINAFTER. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Limitation of Liability.

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Website or information obtained, (ii) the unavailability or interruption of the Website or any features thereof, (iii) your use of the Website, (iv) the content contained on the Website, or (v) any delay or failure in performance beyond the control of an Affiliated Party.

(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Use of Information/Privacy Policy.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy. Privacy Policy

Consent to Receive Communications.

By submitting your contact information to Swigart Law Group through this Website, you are consenting to receive responses to your case submissions, inquiries, and other communications through various channels, including phone, email, and text message/SMS. Standard message and data rates may apply for these communications, depending on your service provider. Upon becoming a client of Swigart Law Group, you automatically consent to receive our periodic newsletter via email at the address you have provided to the firm. For non-clients who wish to discontinue receiving the newsletter or other automated follow-up emails, an opt-out link is provided in each email. Your consent to receive these communications is not a condition of retaining our services. To opt out of text message communications, reply STOP to any text message received from us. To opt out of email communications, click the unsubscribe link in any email from us. To opt out of telephone communications, please contact us directly at joshua@swigartlawgroup.com. We comply with the Telephone Consumer Protection Act (TCPA) and all applicable federal and state telemarketing and communications laws.

Links to Other Websites.

The Website contains links to other websites. Those links are provided to help you identify and locate other internet resources that may be of interest and are not intended to state or imply that Swigart Law Group sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in such links. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. We do not have control over any third-party websites, each of which may be governed by its own terms of service and privacy policy. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. By visiting or using third-party websites, you assume all responsibility and liability for all resulting harms, whether to you or to any third party, including without limitation as resulting from your downloading or use of any content, software or other materials available therefrom. If you decide to leave our Website and access these third-party sites, you do so at your own risk.

Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Content and Materials provided therein.

Miscellaneous.

This Agreement shall be treated as though it were executed and performed in San Diego, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth hereinafter. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Models Disclaimer.

Some individuals depicted on this website are models. They are not meant to represent any client, potential client, attorney, or staff member of Swigart Law Group.

Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or the Website (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.