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Terms of Service for Class Action, Inc.
Legal Information is NOT Legal Advice
This site provides information and open source news about legal proceedings, the law and class action lawsuit settlements as a Resource to provide content and concepts for users to address their needs. Legal information is NOT the same as legal advice – the application of law to an individual’s specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. You should consider all postings or writings at ClassActionApp.com by staff or others as personal opinion only and NOT the advice of a lawyer.
Non-commercial Use by Members
The Resources are for personal use only. Users may not use the Resources in connection with any commercial endeavors. Organizations, companies, agencies, and/or businesses may not become registrants and should not use the Resources for any purpose. Illegal and/or unauthorized uses of the Resources, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Resources may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
All Resources, content and materials available on ClassActionApp.com including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Class Action, Inc. and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Class Action, Inc.
This website is controlled by Class Action, Inc. from our offices located in the state of CA, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of CA, by accessing our website, you agree that the statutes and laws of CA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, CA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
By using our websites and/or the Platform, you consent to receiving electronic and print communications from us. These communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the website and/or Platform. These communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically or via traditional mail services will satisfy any legal communication requirements, including that such communications be in writing.
Registration and security
Some aspects of the Services, may require you to register with Class Action, Inc. and set a password and user name (“User ID”). You shall provide Class Action, Inc. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Class Action, Inc. reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
Fees and payment
Class Action, Inc. reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Class Action, Inc. reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.
You agree that all Resources and Materials are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these terms, we and our licensors exclusively own all right, title and interest in and to the Platform, all Materials, and all intellectual property rights therein, including, but not limited to: (i) the information, features, text, content, files, graphics, art work, icons, audio, sounds, copyrighted text, works of authorship, descriptions, and user and visual interfaces; (ii) the Platform; (iii) the design, appearance, structure, selection, coordination, expression, look and feel, and arrangement of the Platform; and (iv) the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on, or in, our websites and the Platform. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our websites, the Platform or any part thereof.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Class Action, Inc’s prior written consent. Class Action, Inc. may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Class Action, Inc. in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
UNLESS OTHERWISE EXPRESSED, Class Action, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at email@example.com
This Agreement was last revised on August 30th, 2018.
CAI may collect IP addresses to help understand how our audience uses our site and to gather broader demographic information, so that CAI can make its site better and improve users’ overall experience when they visit Classactionapp.com. For these same reasons, if your browser is set up to accept them, CAI uses a feature known as a “cookie.” Cookies contain bits of information that websites transfer to your computer’s hard drive for record keeping purposes. Cookies can make the Web more useful by storing information about your preferences on a particular site such as Classactionapp.com. A cookie doesn’t tell CAI who you are. Only you can do that.
If you are under 18, you may not use this site.
How CAI Discloses Your Personal Information
CAI discloses personally identifiable individual information and the other information you provide us to lawyers or law firms in accordance with the Services we provide. CAI cannot guarantee that the information you submit to us will not end up in the hands of a company or person that you are complaining about.
CAI may also disclose your contact information and the other information that you provide us in the following circumstances:
CAI may employ other companies and individuals to perform functions on our behalf. They may have access to personal information needed to perform their functions, but will not be able to legally use it for other purposes.
CAI might change, sell, reorganize or liquidate via bankruptcy this business. If so, your information will be one of the transferred assets.
CAI may release account and other personal information when CAI believes release is appropriate to comply with law, or to protect the rights, property, or safety of CAI, our users, or others.
From time to time CAI may also provide aggregate (statistical) information to third parties to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes. If CAI partners with another party to provide a specific service to you, and if you sign up for the service, then and only then will CAI provide your other information to such partner.
CAI may use the information you have provided for our mailing lists and promotional marketing. You may opt out of these emails and marketing materials at any time. To do so, Email firstname.lastname@example.org and we will promptly remove you from ALL correspondence.
CAI stores user data on a reputable data hosting platform, "platform". Platform's data is encrypted both when it is sent to and from our servers, as well as when it is at rest. To protect your content in transit, Platform uses 256-bit SSL/TLS encryption. At rest, Platform content is protected using 256-bit AES encryption. Platform's production data is regularly backed up to a separate, isolated location and all backups are encrypted.
User Agreement for Class Action, Inc.
By using this website, the Services and or The Platform, The User agrees to This Service Agreement (this "Agreement") made by and between Class Action, Inc. (CAI) and The User.
The User wishes to engage CAI to provide the following services, which include, but are not limited to: acting as the User’s exclusive representative in connection with procuring any of the User’s buyback and restitution payment(s) for any and all claims pertaining to class action settlements. (together referred to as the “Settlement Agreements”) in the United States. (the “Services”). CAI shall be the User’s exclusive representative for purposes of obtaining any buyback and restitution payments owed to the User under the Settlement Agreements.
(2) Service Fee
In consideration of CAI’s provision of the Services to the User, the User shall compensate CAI
as follows: 5% of the User’s gross Buyback payment and / or restitution payments, or the total amount of reasonable and related processing fees, whichever is higher, under the Settlement Agreements (i.e., before deductions for costs and expenses) in connection with information supplied by the User, hereto (the “Service Fees”). Such Service Fees shall be contingent upon CAI receiving on the User’s behalf, the buyback and restitution payments under the Settlement Agreements. If no buyback or restitution payments are received by CAI on the User’s behalf, no fees shall be paid to CAI in connection with the Services.
(a) Costs and Expenses: CAI may incur various costs and expenses in performing the Services under this
Agreement. The User agrees to pay for all costs, disbursements and expenses paid or owed by the User in connection with this Agreement, or which have been advanced by CAI on the User’s behalf and which have not been previously paid or reimbursed to CAI (it being agreed and understood that the User shall only be responsible for reimbursement of such costs in the event of a recovery. If no recovery is obtained, the User shall NOT be responsible for reimbursement of costs). Such costs and expenses shall be paid by the User from the restitution payment(s) received by CAI on its behalf.
(3) Limitation of Liability
IN NO EVENT SHALL CAI BE LIABLE TO USER FOR INCIDENTAL, SPECIAL,
INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST PROFITS OR LOSS OF BUSINESS OPPORTUNITY) UNDER ANY CIRCUMSTANCES EVEN IF USER OR CAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAI’S LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, IS LIMITED TO THE AMOUNT OF FEES PAID TO CAI FOR SERVICES PURSUANT TO THIS AGREEMENT.
(4) Disclaimer of Guarantee
Nothing in this Agreement and nothing in CAI’s statements to User, statements to third parties, or CAI's marketing materials, will be construed as a promise or guarantee about the outcome of this matter. CAI makes no such promises or guarantees. There can be no assurance that User will ultimately achieve the results contemplated by this Agreement notwithstanding CAI’s best efforts. User acknowledges that CAI has made no promise or guarantees about the outcome.
(a) Governing Law; Arbitration: This Agreement, and all claims or causes of action (whether in contract or tort) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including without limitation any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement) (“Claims”), shall be governed by and construed in accordance with the internal laws of the State of California, without reference to choice of law doctrine. Each of the Parties hereto (a) hereby irrevocably submits to the exclusive jurisdiction of the American Arbitration Association (“AAA”) or any successor organization or body thereto, for the purpose of resolving any Claims, and (b) hereby irrevocably agrees that all Claims in respect of such proceedings will be heard and determined in San Francisco County, California, in accordance with the Commercial Arbitration Rules of the AAA, before a single arbitrator to be mutually agreed upon by the Parties.
(b) Notices: Any notice given hereunder shall be in writing and delivered by hand, overnight
courier or by first class mail, addressed as follows:
Class Action, Inc.
2777 Alvarado Street, Suite E,
San Leandro, California 94577
(c) Electronic Signatures: The parties agree that the electronic signature, whether digital or encrypted, of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be "written" or "in writing," (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or "printouts," if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, "electronic signature" means a manually-signed original signature that is then transmitted by electronic means; "transmitted by electronic means" means sent in the form of a facsimile or sent via the internet as a "pdf" (portable document format) or other replicating image; and, "electronically signed document" means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature, whether digital or encrypted.
(d) Entire Agreement: This Agreement contains the entire agreement of the Parties respecting the subject
matter of this Agreement and supersedes in all respects and for all purposes all prior agreements (written or oral) between the Parties and any of their respective controlled-affiliates respecting the subject matter of this Agreement. Neither Party (nor any of its representatives) has made any representation or warranty on which the other Party has relied or is entitled to rely other than as expressly set forth in this Agreement. CAI is not responsible for performing any services not specifically described in the Agreement or in a subsequent writing signed by the parties.
(e) Amendment and Waiver: Except as otherwise provided herein, this Agreement may not be amended or
modified except by a writing executed by the Parties. Waiver by a Party of any provision or any breach of any provision of this Agreement shall not be deemed to be a waiver of such provision in any other instance, or of any other breach of any provision hereof.
(f) Authorized Agent Agreement: The User hereby designates and appoints CAI, as their authorized agent in the United States to accept and acknowledge on their behalf service of any and all process which may be served upon The User in connection with any suit, action or proceeding regarding injunctive or other equitable relief in connection with or under this Agreement or to enforce any award under this Agreement, and agrees that service of process upon said agent at said address and written notice of said service mailed or delivered in the manner provided herein shall be deemed in every respect effective service of process upon The User and/or Guarantor in connection with any suit, action or proceeding regarding injunctive or other equitable relief in connection with or under this Agreement or to enforce any award in connection with or under this Agreement. The User hereby agrees to provide CAI with all supporting documents and authorizations necessary to procure the User’s buyback and restitution payment(s) including, but not limited to: identification information, financial records, use records, purchase records, and authorization to obtain relevant records from third parties. User hereby agrees to indemnify and hold harmless CAI for any and all claim denials, loss of restitution, restitution reductions, and loss of business opportunity due to incorrect claim information provided to CAI by the User.
(g) Assignee Agreement: The User hereby acknowledges and agrees that CAI may collect funds on behalf of the User as the assignee for the User. CAI will collect its fee from any funds received and then disburse the remaining funds to the User.
(h) Severability: Any term of provision of this Agreement that is or may become invalid or unenforceable in
any applicable jurisdiction shall be, as to such jurisdiction, deemed modified so as to allow enforceability of the Parties’ original intent, as well as of the remaining terms and provisions of this Agreement. The User and CAI hereto agree that failure by either party to strictly enforce any provision of this agreement shall not constitute a waiver or an estoppel, nor preclude either party from subsequent strict enforcement of any or all provisions hereof.
(i) Transfer: CAI may assign the Agreements or any part of them, and CAI may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
(j) No Partnership: This Agreement is not intended to create or evidence any partnership, joint venture, agency, or similar relationship of any kind whatsoever.
(k) Termination of use: The Agreements will continue to apply to the User until terminated by either the User or CAI. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. CAI may terminate the Agreements or suspend the User's access to the CAI Service at any time, including in the event of the User's actual or suspected unauthorised use of the CAI Service and/or Content, or non-compliance with the Agreements. If the User or CAI terminate the Agreements, or if CAI suspends the User's access to the CAI Service, the User agrees that CAI shall have no liability or responsibility to the User except for disbursing any collected funds owed to the User . To terminate this agreement, simply send us an email with the subject 'I'd like to terminate our agreement' and Class Action, Inc will reply with a confirmation within 5 business days. This section will be enforced to the extent permissible by applicable law. The User may terminate the Agreements at any time.
(l) Headings: The heading to any paragraph in this Agreement in no way defines, limits, extends or interprets
the scope of this Agreement.
(m) Counterparts and Execution: This Agreement may be executed in one or more counterparts, each of
which will be deemed to be an original but all of which will constitute one and the same agreement. This Agreement may be executed by facsimile and or phone-recorded signatures and such signature will be deemed binding for all purposes of this Agreement, without delivery of an original signature being thereafter required.
The User understands and acknowledges that User is engaging CAI as their authorized agent to file on their behalf in class action settlements. User acknowledges and understands that User is not required to use a third party agent for filing and prior to retaining CAI to file on their behalf, may choose to file without assistance. The User also understands and acknowledges that CAI will act as the assignee on the behalf of the User. This will allow CAI to receive funds on behalf of the User, collects CAI's fee for services in connection with the transaction, and disburse remaining funds owed to the User.
If you have any questions or comments about our User Agreement as outlined above, you can contact us at email@example.com
This Agreement was last revised on August 30th, 2018.
How do I know if I am eligible for a refund?
Each case has its own criteria for membership in the settlement class. If you are not certain, please ask us. Our settlement recovery specialists are happy to assist you. In many cases, we can best determine your eligibility by filing the claim. Since we handle hundreds of claims at any given time, we can follow up with the Claims Administrator about any issue involving your claim.
How much of a refund will I receive?
The size of your claim or refund depends on two factors. First, is the dollar amount of your purchases during the settlement period. Second, is the number of other class members putting in claims for your particular settlement. We cannot predict the size of a refund, but we have seen varying percentages of an individuals expenditures get approved by the Claims Administrator.
How long will this process take?
Class action administration can be a lengthy process. The time between filing a claim and receiving your refund can be many months or a few years. Since the process can be long and most people do not have the time, inclination or resources to track and audit the claims process, they use Class Action, Inc. We have the staff, technology and systems in place to monitor your claim and make appropriate recommendations as needed.
Will filing a claim hurt my relationship with the defendant?
No, your claim is confidential. Your company is listed by a number, not by your name. Class Action, Inc will file for you, and we will be the point of contact with the Claims Administrator. It is important to remember that the defendant companies paid money into the settlement fund to avoid lawsuits and other problems. Once they paid into the fund, they generally do not know (or care) who gets the settlement money.
What if my claim is rejected?
There is no penalty if your claim is denied. The Claims Administrator simply will not pay you. We work with the Claims Administrator to anticipate any questions or objections. If your claim is improperly rejected, Class Action, Inc will contest any wrongfully denied claim. If your claim is ruled ineligible, there is no penalty to you, though it's important you ensure the information you provide is truthful at all times, as knowingly submitting a false claim is a form of Perjury, and can create a LOT of trouble!
What if we don't have the time or resources to compile years of spending activity?
We generally do not need physical copies of your records or invoices, and when required, credible estimates will usually suffice. However, the more specific the information, the better chance for success. Remember, this is an opportunity to participate in the class action settlement, so if the Claims Administrator rejects your claim, there is no penalty. Many claims, especially the smaller claims, will be approved based on spending estimates. However, the Claims Administrator has the right to audit any claim or ask for more information, including documentation. Should that occur, we will contact you. You can decide at any point whether to provide more information, or to provide information at all. This is an opportunity, not an obligation.
What would you like to know?
What we do
Class Action, Inc handles both the class action settlement process, and acts as the recovery agent for class members.
When required, we serve as the liaison between our users and claims administrators to resolve any questions or deficiencies that may arise during the process, with our goal to ensure maximum recovery for users of our service.
We guarantee that every possible claim is accounted for and filed properly, by managing:
Claims FilingCase TrackingManagement of Claims ProcessingResolution of Claim DiscrepanciesRefund Disbursement
We charge a 5 percent processing fee for successful claims.
We believe this to be (significantly) more efficient, and increasingly more effective than traditional settlement administration alone, and seek to reduce the cost-per-claim for class members, and provide greater transparency during fairness hearings, as the the courts seek to determine whether notification, process, and justice has been served.
Why am I here?
Not every claim is large enough to justify individual outreach - if we've contacted you it means we have reason to believe either you or your company are owed a significant claim as a result of a recent settlement.
Thanks for confirming your email!
First of all, a big thank-you from everyone at Class Action, Inc!
Every day, we monitor thousands of class actions so you don't have to.
Here's what to expect
You might not hear from us for awhile.
Most people are part of a class action once every four months. We may reach out earlier to confirm if you're eligible for a particular settlement - otherwise we try to treat your time and attention as the valuable, limited resources they are.
When we contact you, it's because we think you're eligible for a claim.
When you signed up, you gave us important information which we use to determine which class action settlements you may be a class member of. However - because each settlement is different - we may need to ask a few more questions to determine your eligibility before filing a particular claim. When this happens, we'll make the process as easy as possible.
Payments can take a long time to arrive.
We do everything in our power to streamline things, but we're unable to collect payments until they've been approved by the court. This can take weeks, months, or in rare cases even years. We'll keep track of your claim throughout the process, so you'll always know exactly where things are.
You're in control.
Sometimes, you may not wish to participate in a class action settlement at all. In this scenario, we offer a free service making it easier to file 'opt-out' requests to the court. This is (and always will be) a free service, and is part of our commitment to ensure class members aren't just aware of their rights, they're also able to enforce those rights without an overly burdensome process.
A quick note from the author
It's often said the best way to prepare for fifty million customers, is to get it right for the first fifty thousand customers. If you're reading this - that includes you.
We have some big plans for Class Action, Inc. Whilst we're looking forward to ensuring people receive what they're rightfully owed - we're also looking forward to increased access to justice, less pressure on an overburdened court system, and to showing the world what we've learned about consumer rights in the US, having studied thousands of class actions since our inception in 2017.
Today however, we're a small company of less than a dozen people. As such, we ask that you tell us when you're happy, and that you DEFINITELY tell us when you're NOT happy. In return, we promise to do our best to serve both you and the justice system as best we can in the years to come.
Reuben Metcalfe, Founder and CEO, Class Action, Inc.
One last thing...
The wheels of the law turn slowly - It may take some time to find something you're eligible for. When we do find a claim, we'll email you to ask if you would like to 'file' or 'opt-out'.
If you need anything in the meantime, please email us at:
Class Action, Inc.
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