Terms of Use
Effective Date: November 30, 2022
1. Acceptance of the Terms of Use These terms of use are entered into by and between You and Griffn Inc. d/b/a CaseYak and its affiliates and subsidiaries ("CaseYak", "Company", "We", or "Us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://caseyak.com (the “Website”) and any content, functionality or services (the "Services") offered thereon or on any plugins or iterations found on the sites of our sister sites (such as caseyak.net) or our subscribers, including any content, functionality, and services offered thereon. Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
2. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
3. Permission to Use the Services. You have our permission to use the Website, but only if:
4. Description of the Website and Services. The information and the Services on the Website are not intended to provide and should not be construed as providing legal advice. The Services provide users with estimates of certain personal injury claim values based on user inputs.
CaseYak works with a network of subscribing law firms (“Subscribers”). Some Subscribers are provided with the opportunity to connect with users after they submit their information through the Services. CaseYak also works with Subscribers by embedding our platform on their respective websites. CaseYak is not an attorney referral service, nor is it making any warranties or representations concerning the law firms on which the CaseYak Services might be found.
By submitting your information to receive a case value estimate through the CaseYak Services, you consent to the transmission of your contact information to a Subscriber in our network, and you consent to being contacted by representatives of that organization concerning your case.
Where Subscribers embed the Services on their own websites, CaseYak offers its Subscribers some control over the functionality and copy included on the CaseYak Services. Some Subscribers may choose to withhold case value estimates from users in order to go over the estimate in conjunction with a consultation. This decision is made at the sole discretion of a given Subscriber. CaseYak makes no representation or warranty with respect to any customizations or representations to its Services implemented by Subscribers concerning CaseYak instances installed on subscriber websites
By using the Services, you acknowledge:
Furthermore, by using the Services, you acknowledge that certain assumptions are made in order to provide you with our informational estimate. Certain factors are not considered which may be relevant to, and affect the value of, your claim. In CaseYak's provision of an informational estimate:
5. User Discretion. Users have sole discretion whether to engage any Subscriber with whom they’re connected as a result of using the Services, and nothing in the Services should be interpreted as directing a user to contact or select a particular attorney or law firm. The determination of the need for legal services and the choice of a lawyer or law firm are important decisions and should not be based solely upon listings or a Subscriber’s self-proclaimed areas of practice. Users are solely responsible for verifying a Subscriber’s credentials and qualifications, for determining the necessity and adequacy of a Subscriber’s insurance coverage, and for the ultimate selection of any attorney they might make.
6. No Attorney-Client Relationships or Agreements for Legal Representation. Use of the Website or Service is not intended to and does not create a privileged, confidential or attorney-client relationship between users and either CaseYak or its Subscribers. Any agreements regarding legal services or fees must be done outside the scope of the Services and are strictly between the User and the Subscriber(s) and do not involve CaseYak in any way. Information contained on or made available through the Website and the Services is not intended to and does not constitute legal advice or counseling under any circumstance. By using and interacting with the Services, you acknowledge that your use is for general informational purposes only, that you are not using the Services to obtain legal advice, and that CaseYak is not providing or attempting to provide you with legal advice. By using the Services, you further acknowledge that no attorney-client relationship is formed between you and CaseYak. CaseYak does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked from the Website. CaseYak is not a law firm. CaseYak does not receive any portion of any attorney’s or law firm’s fees. CaseYak is not involved in or responsible for any transactions that might occur between users and Subscribers, and CaseYak does not guarantee that such transactions will occur. Users and Subscribers are solely responsible for compliance with all laws and regulations governing their interactions via the Services, including, with respect to Subscribers, compliance with all ethics and bar association rules and regulations applicable to their practice. Any attorney listings on this Website are attorney advertisements and do not constitute a referral, recommendation or endorsement by this Website.
7. Confidential Information. Nothing submitted to this Website is treated as confidential. Because of the nature of the World Wide Web, any and all information provided through this Website and its Service is subject to interception by third parties. You acknowledge that disclosure of electronic communications sent through the Website and its Service may occur. Therefore, you should not disclose any privileged, confidential and/or specific information regarding matters for which you are using the Website or its Service. Specific information to avoid disclosing includes, by way of example only, names of persons, businesses, and specific facts that would readily identify the other parties involved in the legal issue or dispute. Users should describe their issue or dispute in general terms only. Specific information should only be revealed outside the scope of the Service after the User has selected an attorney and been in further contact outside the Website and the Service (e.g. via telephone or appointment).
8. Conflicts of Interest. The avoidance of attorney conflicts of interest is outside the scope of the Service. You and the Subscriber attorneys you contact via the Service are solely responsible for ensuring there are no conflicts of interest in any relationships that are formed after general contact is made via the Service.
9. User Contributions.
a. The Services may contain interactive features (collectively, "Interactive Services") that allow users to submit content ("User Contributions") on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CaseYak, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. You agree to indemnify us for any damages to third parties caused by User Contributions posted by you through the Services which is in violation of these Terms or any other applicable law.
b. Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Restrictions on Use, User Contributions and Your Conduct. You may not post any User Contributions in violation of these Terms of Use. We have the sole right, but not necessarily the obligation, to delete or edit at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
11. Prohibited Use. You may use the Website and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate CaseYak, a CaseYak employee or agent, another user, a Subscriber, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website and Services, or which, as determined by us, may harm the Company, users of the Services and Website, Subscribers, or expose them to liability.
Additionally, you agree not to:
Otherwise attempt to interfere with the proper working of the Services.
12. Accessing the Site. We reserve the right to withdraw or amend this Site and the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all Services, to users. You are responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them. In using the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and these Terms of Use. We have the right to disable any access from any IP address at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
13. No Solicitation. You shall not distribute to any persons or entities identified via the Website or its Service any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. Attorneys and law firms are prohibited from soliciting employment from prospective clients through the Website or any of its interactive features. In interactive forums made available through this Website if any, you may discuss or recommend third-party Websites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Websites, products or services, or the recommendation of such. In no event may any person or entity solicit any Subscribers or create a directory of attorneys or law firms through this Website or with data retrieved from this Website.
14. Intellectual Property Rights. The Website, Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CaseYak, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material contained on our Website or in our Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide the ability to share content on social media platforms with respect to certain content, you may take such actions as are enabled by such features, for example, sharing a blog post via your Twitter account.
You must not:
Modify copies of any materials from the Site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms of Use, your right to use the Website and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Services or any content thereon is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
15. Monitoring and Enforcement; Termination. We have the right to:
Remove or block any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website and Services or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and Services.
Terminate or suspend your access to all or part of the Website and Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
16. Reliance on Information Given. The information presented on or through the Website and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and Services, or by anyone who may be informed of any of their contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. Changes to the Site. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
18. Information About You. All information we collect through the Website and Services is subject to our Privacy Policy. By using the Website and/or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
19. Linking the Site and Social Media Features. You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website, Services, or portions thereof to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
20. Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
21. Geographic Restrictions. The owner of the Services is based in the State of Colorado in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
22. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THEREFROM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THEREON, OR ON ANY WEBSITE LINKED THERETO.
YOUR USE OF THE SERVICES AND WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THEREFROM IS AT YOUR OWN RISK. THE SERVICES, WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THEREFROM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THEREFROM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THEREFROM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE 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 WEBSITE OR SERVICES, ANY WEBSITES LINKED THERETO, ANY CONTENT ON THE SITE 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, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Services, including, but not limited to, your User Contributions, any use of the Website’s or Services' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or Services.
25. Governing Law and Jurisdiction. All matters relating to the Website, Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Website, or the Services shall be instituted exclusively in State or Federal Courts located in the City & County of Denver, Colorado, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
26. Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
27. Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and CaseYak regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.
28. Comments and Concerns. This Website is operated by Griffn Inc., a Colorado corporation. All notices of copyright infringement claims should be sent with the subject line "Notice of Copyright Infringement" to the copyright agent at the following address: dmca@caseyak.com. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: info@caseyak.com.