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AGREEMENT BETWEEN USER AND OVLG.COM

These Terms and Conditions of Use ("Agreement") are a legal agreement between you and Oak View Law Group, LLC (hereinafter referred to as "Website Owner"), the owner and developer of ovlg.com (the "Site"). By using, registering, or otherwise interacting with the Site for any service provided through ovlg.com, you agree to be bound by all of the terms and conditions (the "Terms") set forth in this Agreement. You understand that you are not able to modify these Terms and that you must accept all Terms "AS-IS." Should you choose not to accept all Terms, simply do not register, use, or interact with this Site.

YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve all disputes through binding individual arbitration, and you and we give up any right to have those disputes decided by a judge or a jury. You have the right to opt-out of our agreement to arbitrate. See the Legal Disputes section of this Agreement.

OVLG.com provides financial education and legal financial services to help consumers manage their debt and improve their financial health. When you call our number, you may be directly connected with one of our assistant attorneys, Solomon, to assist you. OVLG is an Independent service provider that may charge fees on success for their services and have their own terms of service. OVLG Services may not be available in all states, so please call or check our website for details.

MODIFICATION OF THESE TERMS OF USE

OVLG.COM RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT WEBSITE OWNER'S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS SITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THESE TERMS, WHICH WILL BE NOTED BY THE "LAST UPDATED" DATE HEREIN, SUPERSEDES ALL PREVIOUS VERSIONS.

LINKS TO THIRD-PARTY SITES

This Site may contain links to external websites ("Linked Sites"). The Linked Sites are not under the control or management of OVLG.com, and OVLG.com is not responsible for the contents of any Linked Site, including without limitation any links contained in a Linked Site, or any changes or updates to a Linked Site. OVLG.com is not responsible for webcasting or any other form of transmission received from any Linked Site. OVLG.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OVLG.com of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to OVLG.com that you will not use the Site for any purpose that is unlawful or prohibited by law, regulation, or these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information from the Site through any means not intentionally made available or provided for through OVLG.com on this Site.

YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS

OVLG.com, may provide you with a venue through which you can obtain educational financial information as well as learn about various third-party service providers, such as financial institutions, credit card providers, debt settlement companies, lenders, and other financial professionals ("Service Providers"). You understand and acknowledge that OVLG.com may be compensated by Service Providers for referrals made through this Site. OVLG.com and Website Owner do not guarantee the accuracy or completeness of any of the information provided on the Site or with regards to the Service Providers, and are not responsible for any loss resulting from your reliance on such information.

You understand that you are to examine the information provided and conduct your own research on whether the services marketed on this Site are fitting to your financial situation. We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification, or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers.

You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you. OVLG.com is not liable for any losses, costs, damages, or claims in connection with, arising from, or related to, your use of any Service Provider's products or services. We urge you to obtain the advice of qualified professionals (such as a tax advisor, accountant, lawyer, etc.) who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.

NO GUARANTEE OF QUOTES, FEES, TERMS, RATES, COVERAGE OR SERVICES

We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage, or services offered or made available by Service Providers through our Site. We do not guarantee that quotes, fees, terms, rates, coverage, or services offered by Service Providers are the best available in the marketplace. You may be able to find better fitting offers elsewhere.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable laws or regulations.

OVLG.com has no obligation to monitor the Communication Services. However, OVLG.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. OVLG.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. OVLG.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or refuse to post or to remove any information or materials, in whole or in part, in OVLG.com's sole discretion.

Always use caution when giving out any personally identifiable information ("PII") about yourself, your spouse, or your children in any Communication Service. OVLG.com does not control or endorse the content, messages, or information found in any Communication Service and, therefore, OVLG.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized OVLG.com spokespersons, and their views do not necessarily reflect those of OVLG.com. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO OVLG.COM OR POSTED AT ANY OVLG.COM WEB SITE

OVLG.com does not claim ownership of the materials you provide to OVLG.com (including feedback and suggestions) or post, upload, input, or submit to any OVLG.com Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting OVLG.com, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. OVLG.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at OVLG.com's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

CONSENT TO USE OF ELECTRONIC COMMUNICATIONS

All website interactions and phone calls are recorded for marketing, compliance, and quality assurance purposes.

Mobile Devices

By providing us with your name, email, and/or phone number, you expressly authorize us to contact you (including using autodialers, automated text, and pre-recorded messages) via your telephone, cellphone, mobile device (including via Short Message Service ("SMS") or wireless internet ("WAP Service")) and email, even if your telephone number is currently listed on any state, federal or company's Do Not Call list. Standard phone and data charges will apply.

Your consent to the above terms is not required as a condition of purchasing or receiving our services. You also consent to the recording and monitoring of all calls to and from us. You represent that you are the owner or authorized user of the mobile device and the phone number associated with that mobile device on which messages will be received, and that you are authorized to approve any applicable charges.

Opt-Out Procedures:

  • For Phone Calls: You may opt-out of receiving calls to your telephone or mobile device at any time by notifying us at scott.smith@ovlg.com.
  • For SMS Messages: To opt-out of receiving SMS messages, reply STOP to any message you receive or email us at scott.smith@ovlg.com.
  • For Emails: You may opt-out of receiving emails by clicking the "Opt-out" link at the bottom of any email you receive from us.

Only United States residents may use the SMS or WAP Service.

Data Security

SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. OVLG.com does not guarantee your use of the SMS or WAP Services will be private or secure, and OVLG.com will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures appropriate to your situation and intended use of the SMS or WAP Service.

You acknowledge and agree that OVLG.com may access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints. Please review our Privacy Policy for additional information governing privacy and our SMS or WAP services.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES, OLD INFORMATION, OR TYPOGRAPHICAL ERRORS. OVLG.COM MAKES PERIODICAL CHANGES TO THE INFORMATION AND MATERIALS PROVIDED ON THE SITE. OVLG.COM AND/OR ITS SITE ADMINISTRATOR MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

Opinions, general advice, statements or other comments on the Site should not necessarily be relied upon and are not to be construed as professional advice from OVLG.com or the Website Owner. INFORMATION AND GENERAL ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

OVLG.COM AND/OR ITS SITE ADMINISTRATOR MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR AVAILABLE THROUGH THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OVLG.COM AND THE WEBSITE OWNER HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OVLG.COM AND/OR ITS WEBSITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OVLG.COM SITE, WITH THE DELAY OR INABILITY TO USE THE OVLG.COM SITE OR RELATED OR OFFERED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OVLG.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OVLG.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OVLG.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OVLG.COM SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OVLG.COM SITE.

TERMINATION/ACCESS RESTRICTION

OVLG.com may establish areas on the Site which may require obtaining access credentials. Should you obtain such access to restricted areas on the Site, OVLG.com reserves the right, in its sole discretion, to terminate your access to the OVLG.com Site and the related services or any portion thereof at any time, without notice.

SITE NOT INTENDED FOR USE BY MINORS UNDER THE AGE OF 13

The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals not provide Personally Identifiable Information (PII) through the Site. We do not knowingly collect information from children under 13 years of age without parental consent. For more information regarding this policy please visit our Privacy Policy.

COPYRIGHT AND TRADEMARK NOTICES

OVLG.com, and the OVLG.com logo are registered trademarks, trade names, or service marks of Oak View Law Group, LLC or its related companies. All other trademarks and service marks presented on the Site are the property of their respective owners, and OVLG.com has obtained permission to use them in association with the educational information and referral services provided. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of OVLG.com or the owner of such trademark or service mark.

You acknowledge and understand that you have no rights to any trademarks, service marks, or copyrights. OVLG.com reserves all rights to its Intellectual Property on the Site.

COPYRIGHT INFRINGEMENT POLICY

In accordance with the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) ("DMCA"), OVLG.com will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

  1. A physical or electronic signature of the copyright owner or authorized representative;
  2. Identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  3. Identification of the allegedly infringing Content on the Site, with information on its location;
  4. Your contact information (address, telephone number, email);
  5. A statement of your good faith belief that the use is not authorized by you, the copyright owner, its agent, or the law;
  6. A statement, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

OVLG.com's designated agent for copyright infringement claims can be contacted at:

Designated Agent – Copyright Infringement Claims Oak View Law Group, LLC, 11899 Edgewood Road, Suite L4, Auburn, CA 95603-3536, United States Email: complaint@ovlg.com

YOUR INDEMNIFICATION REQUIREMENTS

You agree to defend, indemnify and hold harmless OVLG.com and our officers, directors, shareholders, employees, independent contractors, agents, representatives, and affiliates from any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) related to:

  1. Your breach or violation of this Agreement;
  2. Your failure to provide accurate, complete and current personally identifiable information (PII);
  3. Your access or use of Services through our Site;
  4. Access to our Site or use of our Services under any password issued to you;
  5. Your transmissions, submissions, or postings (i.e., your own User Generated Content);
  6. Services you receive from any Service Providers to which you were referred by us;
  7. Any personal injury or property damage caused by you.

GENERAL / MISCELLANEOUS TERMS

Governing Law, Jurisdiction, Venue

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflict of law provisions. If you properly opt-out of Arbitration, you consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. for all disputes arising out of or relating to the use of the OVLG.com Site. If you did not opt-out of Arbitration, please see the Arbitration provision below for applicable law and jurisdiction. You and we agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims or disputes.

Relationship of the Parties

No joint venture, partnership, employment, or agency relationship exists between you and OVLG.com as a result of this Agreement or use of the OVLG.com Site.

Applicability of Laws

OVLG.com's performance of this Agreement is subject to existing laws and legal processes. Nothing in this Agreement is in derogation of OVLG.com's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the OVLG.com Site or information provided to or gathered by OVLG.com with respect to such use. Use of the OVLG.com Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this Agreement, along with our Privacy Policy and any Notices and Disclosures on our Site, which are incorporated herein by reference, constitute the entire agreement between you and OVLG.com with respect to the Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and OVLG.com with respect to the OVLG.com Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.

AMENDMENTS TO THIS AGREEMENT

We reserve the right to update, amend, and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to review this Agreement periodically to stay informed of any changes. The date on which this Agreement was last updated will be noted at the beginning of this Agreement. Your continued access and use of our Services following the posting of any changes shall automatically be deemed your acceptance of all changes.

Dispute Resolution by Binding Arbitration

IMPORTANT NOTICE: THIS SECTION WAIVES YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT.

Scope of Arbitration Agreement

In the event of any controversy between you and OVLG.com, including but not limited to any claim, dispute, or controversy arising out of or relating to our relationship, this Agreement, our Privacy Policy, Site Disclaimers, use of the OVLG.com Site, the information on OVLG.com's Site, any referral services provided by OVLG.com, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance, shall be resolved by binding arbitration.

Arbitration Process

The arbitration shall be administered by the American Arbitration Association ("AAA"), the Judicial Arbitration Mediation Services ("JAMS"), or another nationally known consumer arbitration service agreed by the parties. The arbitration will take place in Orange County, California, or the nearest metropolitan area to the county in which you reside, or at another location agreed upon by both parties.

Initiating Arbitration

Before initiating arbitration, the party seeking arbitration must first send a written Notice of Dispute to the other party. The Notice must describe the nature and basis of the dispute and the specific relief sought. Notices to OVLG.com should be sent to: Oak View Law Group, LLC, 11899 Edgewood Road, Suite L4, Auburn, CA 95603-3536, United States.

If the dispute is not resolved within 30 days after receipt of the Notice, either party may commence an arbitration proceeding.

Arbitration Rules and Procedures

The arbitration will be conducted under the rules of the chosen arbitration service (AAA or JAMS), except that the parties expressly agree that any rights to Mass or Class Arbitration will not apply.

The Arbitrator

The arbitrator shall be either a retired judge or an experienced attorney. They shall be neutral, independent, and comply with the selected arbitration service's code of ethics.

Arbitration Award

The arbitrator shall issue a written, reasoned award addressing the claims, defenses, evidence presented, and legal reasoning for their decision. The award shall be final and binding, subject only to the limited grounds for review under the Federal Arbitration Act.

Waiver of Class or Mass Actions

Both parties agree to bring claims against each other only in an individual capacity and not as a plaintiff or class member in any purported class, mass, or representative proceeding.

Costs of Arbitration

Payment of filing, administration, and arbitrator fees will be governed by the rules of the chosen arbitration service. Each party shall bear its own attorneys' fees unless expressly provided for by applicable law.

Arbitration Opt-Out

YOU MAY OPT-OUT OF THIS ARBITRATION PROVISION BY PROVIDING WRITTEN NOTICE TO OVLG.COM WITHIN 30 DAYS OF FIRST USING OUR SITE. To opt out, send a written notice to: Attn: Oak View Law Group, LLC, 11899 Edgewood Road, Suite L4, Auburn, CA 95603-3536, United States or email complaint@ovlg.com. Include: (1) your name and address; (2) your account email and/or phone number; and (3) a clear statement of your intent to opt out of the arbitration agreement.

Effect of Arbitration Agreement

By agreeing to arbitration, both parties acknowledge that they are waiving the right to:

  1. Pursue other available dispute resolution processes, such as court action or administrative proceedings;
  2. Participate in any class or mass action;
  3. Have a trial by judge or jury;
  4. Appeal the arbitrator's decision, except for limited grounds under the Federal Arbitration Act.

This arbitration agreement is an integral part of these Terms and Conditions. The parties agree that they have had the opportunity to review this section carefully, understand its implications, and consent to its fairness and reasonableness.

This arbitration agreement shall survive termination of these Terms and Conditions.

Any changes to this arbitration agreement made by OVLG.com in the future shall not apply to claims filed in a legal proceeding against OVLG.com prior to the effective date of the changes.

These Terms and Conditions constitute the entire agreement between you and OVLG.com with respect to the Site. If you have any questions about this Agreement, please contact us at complaint@ovlg.com.

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