By your use of this or any Buckley, Van Arsdale & Associates website, you agree andconsent to Buckley, Van Arsdale & Associates’ (“BVA”) Terms of Use set forth herein. All references to “Firm,” “we,” “us,” or “our” refer in this website refer to Buckley, Van Arsdale & Associates. and/or any other law firm owned or controlled, in whole orin part, by Andrew Van Arsdale. All references to our “websites” refer to this websiteand our other Firm-owned and/or operated websites that include our Terms of Use and Privacy Policy. All references to “you” or “your” refer to any person visiting this website and/or using this website.
IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
BVA and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between BVA and you arising under these Terms ofUse or in connection with your access to, and/or use of the Site, and/or theprovision of content, services, and/or technology on or through the Site shall be resolved by binding arbitration to be held in San Diego, California.
TO THE EXTENT ANY PORTION OF THIS ARBITRATION AGREEMENT IS NOT ENFORCEABLE, THEN IT WILL BE ENFORCED TO THE MAXIMUM EXTENT TO REQUIRE ARBITRATION EXCEPT CLAIMS BROUGHT BY A CLIENT AGAINST THE FIRM FOR LEGAL MALPRACTICE OR NEGLIGENCE IN REPRESENTING A CLIENT ARE NOT SUBJECT TO ARBITRATION.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org.
You shall bear the cost of any arbitration filing fees and arbitration fees. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless BVA is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on BVA and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. BVA and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. You agree the arbitrator must follow these Terms of Use. BVA and you understand that, absent this mandatory arbitration provision, BVA and you would have the right to sue in court and have a jury trial. BVA and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
BVA and you agree that BVA and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. BVA and you further agree that BVA and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Site.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in San Diego, California.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of BVA to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
You agree that this website is provided “as is” and should be accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the website will be current and will contain no errors or inaccuracies, no representations, warranties, guarantees or conditions (whether express or implied) are given as to the operation of this website or that this website and the information, content or materials included in this website will be error free or completely accurate or current at all times, or at any time.
All content, including without limitation, all text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of this website, are subject to intellectual property rights, including copyright and trade-marks held by or licensed by BVA. All such rights are expressly reserved.
You agree that BVA and its owners, attorneys, employees, agents, representatives, successors and assigns shall not be liable for any damages whatsoever arising out or related to access to or use of this website or any other website linked to this website, whether or not such damages might be foreseeable and even if BVA is informed of their possibility, including without limitations liability for direct, indirect, special, punitive, incidental or consequential damages (including lost profits, lost savings, business interruption or loss of data).
The Terms and Conditions related to the use of this Website, together with the Website Privacy Policy sections of this website, constitute the entire agreement between BVA and you pertaining to the subject matter hereof, and supersede any and all written and oral agreements previously existing between us with respect to such subject matter.
The attorney responsible for the content of this website is Andrew Van Arsdale. Past performance is no guarantee of future results.
Using this website and/or submitting a contact form does not create an attorney-client relationship between you and BVA. The content on this website is for informational purposes and is not intended, nor should be taken as, legal advice.
This site also contains medical information. The website is not designed to and does not provide medical advice or professional diagnosis services to you or any other individual. Users are advised to consult with their physician before making any decisions concerning their health based on information obtained from this website. If you become a client of the firm, information regarding your claim may be transmitted electronically in compliance with HIPAA.
You agree the information provided on the websites is general in nature and does not apply to any particular factual, legal, medical, financial, insurance, or other situation. As such, you represent and agree you will not rely on any information on our websites, and you will seek professional advice as you determine appropriate.
In particular, you should consult personally and directly with:
-An attorney to understand what your legal rights may be in any particular situation;
-The appropriate medical, health, counseling, or other professionals for any medical, health, counseling, or other similar advice. For example, if at times you submit an inquiry to a social worker, nurse, or other professional through one of our websites, the response is for your general information only and should not be relied on;
-And/or appropriate financial or insurance professionals for advice related to any financial matters, such as related to any stocks or mutual funds, or insurance matters.
In addition, although we try to provide accurate and complete information, you agree we make no commitment or express or implied warranty that the factual, legal, medical, financial, or any other information contained on our websites, or on any linked websites, is accurate, complete, error-free, or current. We assume no liability if it is not, and your use of the websites is solely at your own risk.
You agree and represent that by using any “Contact Us” form or calling the Firm or any of the phone numbers provided on the site and sending the Firm information and/or communicating with the Firm by any means, you will be truthful and accurate in the information you provide and you are not using this site for any other purpose than for seeking legal representation for you or a loved one for a personal injury matter from us and that you are not currently represented by another lawyer or law firm. You represent that by using this site you or a loved one has been physically injured and you are seeking legal representation for this matter in good faith.
If you are interested in asking us to represent you, please call us, email us, or otherwise contact us through one of our websites so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. The telephone numbers for our office are listed on our websites. If you submit information to us by email or otherwise through one of our websites, you acknowledge that it will not be considered to be confidential and consent to our sharing it with other law firms to determine whether we will agree to represent you. In any event, we will not make the determination whether to represent you by e-mail communication or communications through the websites. We reserve the right to decline any representation and may be required to decline representation if it would create a conflict of interest with our other clients.
No attorney-client relationship between you and the Firm is or may be created by your access to or use of the websites or any information contained on them. The only way to become our client is through a mutual agreement in writing. Further, none of the information on the websites constitutes legal advice, nor does it necessarily reflect the opinions of the Firm, our attorneys or our clients. You agree that any information you submit via the websites and/or through an initial phone call to one of the phone numbers contained on the site may not be considered confidential at the Firm’s sole discretion and may be subject to applicable disclosure and reporting requirements, as required by law.
You understand and agree that clients are not being solicited in the State of Tennessee for any reason and that legal representation is not being offered in the State of Tennessee. You agree that by using this site you are not a resident of the State of Tennessee nor do you have a lawsuit that is in any way related to the State of Tennessee. You understand and agree that the use of this site in the State of Tennessee is specifically prohibited and you agree that you have not and will not use this site in the State of Tennessee.
These Terms of Use and our Privacy Policy are to be governed by and construed in accordance with the laws of the State of California, USA, without regard to choice of law principles.
You request and agree to receive text messages, fax messages or any other form of communication by, from or on behalf of BVA on any matter even if it may involve a charge to you.
You understand and agree that co-counsel include lawyers and law firms other than the Firm with whom the Firm wishes to communicate about your case or potential case at the Firm’s discretion. You consent to the Firm consulting with and/or communicating with co-counsel about your case or potential case at the Firm’s discretion for the purpose of assisting with your representation and/or in investigating your claim or potential claim and you consent to the disclosure of protected healthcare information for that purpose at the discretion of the Firm.
You warrant that that you and/or your loved one is not represented by a different lawyer(s) and/or law firm(s) on the matter about which you are now contacting the Firm. You understand and agree that the Firm has not and will not make any promise
to loan or advance money to you or your loved one. You understand and agree that there is no promise or representation by the Firm that they will ever make a loan or advance money on your case or potential case and you agree the Firm is under no obligation to do so.
You understand and agree representation is not available in all states and the Firm is not accepting cases in all states, including any state where it would be impermissible for it to do so. You agree the Firm may be associated with other law firms in other states and jurisdictions as required. You agree no representation is made that the quality of legal services to be performed is greater than the quality oflegal services provided by other lawyers. You understand and agree that this website can be viewed in jurisdictions and states where legal representation is not available and that merely because the Firm may communicate with you in response to your inquiry does not mean that the Firm is seeking to represent you and/or to provide legal advice to you. You also understand and agree that the Firm has co-counsel relationships with attorneys in other jurisdictions and states, which may or may not include your jurisdiction or state.
You agree to consult your doctor before taking any medical decision and you will not rely upon this website in making any medical decision.
YOU ACKNOWLEDGE YOU HAVE BEEN INFORMED THAT THIS WEBSITE IS A PAID LEGAL ADVERTISEMENT; YOU HAVE BEEN INFORMED THAT ATTORNEY ANDREW VAN ARSDALE IS RESPONSIBLE FOR THE CONTENT OF THIS WEBSITE AND THEREFORE THE CONTENT OF THIS ADVERTISEMENT; YOU HAVE BEEN ADVISED BY THE FIRM TO CONSULT A DOCTOR ON ALL MEDICAL DECISIONS; YOU UNDERSTAND THAT THE FIRM WILL MAINTAIN JOINT REPRESENTATION AND JOINT RESPONSIBILITY FOR CLIENTS AND CASES; YOU HAVE ALSO BEEN INFORMED THAT CASES AND CLIENTS WILL LIKELY BE REFERRED TO OTHER LAW FIRMS FOR PRINCIPAL HANDLING; YOU HAVE BEEN ADVISED ATTORNEY ANDREW VAN ARSDALE IS LICENSED IN NEVADA AND CALIFORNIA; AND YOU HAVE BEEN INFORMED LEGAL REPRESENTATION IS NOT OFFERED OR AVAILABLE IN TENNESSEE.
Terms of Use: updated July 11, 2019.
