Terms of Use and Privacy Policy
These Terms of Service (“Terms”) are a binding legal agreement between You
and Smith Krivoshey, P.C. (“SK”) and govern the right to use the website,
applications, and other offerings from SK. This website is offered to the user
conditioned on acceptance by the user (“User”) without modification of the
terms, conditions, and notices contained herein. By accessing and using this
website, the User is deemed to have agreed to all such terms, conditions, and
notices (the “Agreement”).
THESE TERMS INCLUDE A DISPUTE RESOLUTION PROVISION (INCLUDING
A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND
JURY TRIAL WAIVER) THAT AFFECT YOUR RIGHTS. IN ARBITRATION,
THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE
REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE
RESOLUTION SECTION BELOW.
USE OF THE SITE
This website is provided without charge. It is to be used as a convenience and
for informational purposes only. SK and its suppliers do not warrant or
represent that the contents are accurate, complete or up-to-date. SK does
not have a duty to update any contents, or represent that the contents are
free from technical inaccuracies or typographical errors. SK and its suppliers
do not warrant that the website will be free from interruptions, computer
viruses, or other harmful components and said parties do not assume liability
for such matters.
LEGAL INFORMATION IS NOT LEGAL ADVICE
This site provides information about the law and class action lawsuit
investigations designed to help users safely cope with their own legal 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 on the by staff on the website or others as
personal opinion only and NOT the advice of a lawyer.
THIRD-PARTY CONTENT
Hyperlinks or pointers to websites of third-parties may be used and are
provided as a convenience and for informational purposes only. SK is not
responsible for the content of the third-party site, links provided therein, and
the User’s use of said site. User assumes full risk and responsibility when
accessing third-party sites from the website. SK reserves the right to
terminate a link to a third-party website at anytime and without notice to
User. Use of a link to a third-party does not constitute an endorsement,
sponsorship, or affiliation with said third-party or its clients.
THIRD-PARTY LINKS
A link from a third-party website to the website does not constitute an
endorsement or affiliation by SK with that site or that third-party. SK does not
take responsibility for which third- parties’ link to this website or the matter in
which they do so. Third-parties are prohibited from replicating content and
images from this website without specific consent from SK. Third- parties
should not imply or represent SK endorse their site, content, and/or product.
ADVERTISING
We use third-party advertising companies to serve ads when you visit our
website. These companies may use information (not including your name,
address, email address, or telephone number) about your visits to this and
other websites in order to provide advertisements about goods and services
of interest to you.
DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; CLASS
ACTION WAIVER; JURY TRIAL)
PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY. IT AFFECTS
YOUR LEGAL RIGHTS. IT PROVIDES FOR THE RESOLUTION OF MOST
DISPUTES (AS SET FORTH BELOW) THROUGH INDIVIDUAL ARBITRATION
INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS LESS
FORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR
INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED.
ARBITRATION AWARDS ARE FINAL AND BINDING AND SUBJECT TO ONLY
LIMITED REVIEW BY A COURT. THIS SECTION ALSO CONTAINS A JURY TRIAL
WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR
REPRESENTATIVE ACTION IN ARBITRATION OR IN LITIGATION TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ARBITRATION AGREEMENT
1) Binding Arbitration. “Dispute” shall be interpreted broadly and cover
any claim or controversy arising out of or relating in any way
whatsoever to your relationship or interaction with SK, its agents, and
its present and future subsidiaries, affiliates, and designees, whether
based in contract, tort, statute, fraud, misrepresentation, or any other
legal theory. Examples of relationships or interactions giving rise to a
covered claim include, without limitation: (1) your use of the website; (2)
any communications between you, SK, and its affiliates; and (3) inquiries
submitted for the purpose of seeking legal advice. Notwithstanding
the foregoing, any Dispute falling within the jurisdictional limits of small
claims court must be heard in that court, so long as it isn’t removed or
appealed to a court of general jurisdiction. Whether a Dispute falls
within the jurisdictional limits of small claims court is for a small claims
court to decide in the first instance. Dispute shall include, but not be
limited to: (1) any dispute or claim that arose before the existence of
these or any prior Terms (including, but not limited to, claims relating to
marketing); (2) any dispute or claim that is the subject of purported
class action litigation in which you are not a member of a certified class;
and (3) any dispute or claim that may arise after termination of these
Terms. The arbitrator shall decide all issues including: (1) issues that
relate to the scope, validity, or enforceability of the arbitration
agreement, class action waiver, jury trial waiver, or any of the provisions
of this Dispute Resolution section; and (2) issues that relate to the
arbitrability of any Dispute. These Terms and this arbitration agreement
do not prevent you from bringing a Dispute to the attention of any
government agency. You and SK agree that these Terms evidence a
transaction in interstate commerce and that this arbitration agreement
will be interpreted and enforced in accordance with the Federal
Arbitration Act and federal arbitration law (not state arbitration law).
2) Mandatory Informal Dispute Resolution Process. You and SK agree to
work together in an effort to informally resolve any Dispute that might
arise between us. Before you or SK may initiate an arbitration
proceeding, you, and SK agree to engage in a good faith effort to
resolve the Dispute informally for 60 days, unless that time is extended
by agreement. The party initiating the Dispute must send the other a
written notice of the Dispute (“Notice”) that includes all of the following
information: (1) the party’s name and contact information (address,
telephone number, and email address); (2) information sufficient to
identify any account and transaction at issue; and (3) a detailed
description of the nature and basis of the Dispute (including
approximate date, time and location, if applicable) and the relief
sought, including a good faith calculation for it. The Notice must be
personally signed by the party initiating the Dispute (and their counsel,
if represented). If you have the Dispute with SK, you must send this
notice to SK at 28 Geary St. Ste. 640, #1507, San Francisco, CA 94108 or
by email to info@skclassactions.com. If SK has the Dispute with you, we
will send the Notice to you at the most recent contact information we
have on file. The party receiving the Notice may request a telephone
settlement conference to aid in the resolution of the Dispute. If such a
conference is requested, you and an SK representative will personally
attend (counsel may attend as well). The conference will be scheduled
for a mutually agreeable time, which may be outside of the 60-day
period. Completion of this Mandatory Informal Dispute Resolution
Process is a condition precedent to initiating a claim in arbitration. If
the sufficiency of a Notice or compliance with this process is at issue,
such issue may be raised with and decided by a court of competent
jurisdiction at either party’s election, and any arbitration shall be stayed.
The court shall have the authority to enforce this condition precedent
to arbitration, which includes the power to enjoin the filing or
prosecution of arbitrations or the assessment or collection of arbitration
fees. Nothing in this paragraph limits the right of a party to seek relief
for non-compliance with this process in arbitration. All applicable
limitations periods (including statutes of limitation) will be tolled from
the date of the receipt of a completed Notice through the conclusion of
this Mandatory Informal Dispute Resolution Process. You or SK may
commence arbitration if the Dispute is not resolved through this
process.
3) Arbitration Procedures. The arbitration of any Dispute shall be
administered by and conducted in accordance with the rules of the
American Arbitration Association (“AAA”) including the AAA’s Consumer
Arbitration Rules (“AAA Rules”), as modified by this arbitration
agreement. The AAA Rules are available at www.adr.org. If the AAA is
unable or unwilling to administer the arbitration consistent with this
arbitration agreement, the parties shall arbitrate before JAMS in
accordance with their Streamlined Arbitration Rules & Procedures, as
modified by this arbitration agreement. If JAMS is unable or unwilling
to administer the arbitration consistent with this arbitration agreement
and the parties cannot agree on an alternative provider that will do so,
the parties shall petition a court of competent jurisdiction to appoint an
arbitration provider that will do so. An arbitration demand must be
accompanied by a certification of compliance with the Mandatory
Informal Dispute Resolution Process and be personally signed by the
party initiating the arbitration (and counsel, if represented). By
submitting an arbitration demand, the party (and counsel, if
represented) represents that, as in federal court, they are complying
with the requirements of Federal Rule of Civil Procedure 11(b). The
arbitrator is authorized to impose any sanctions available under Federal
Rule of Civil Procedure 11 on represented parties and their counsel. Any
Dispute seeking $12,500 or more or injunctive relief shall have an in-
person or video hearing if the respondent requests one. You and SK
reserve the right to request a hearing from the arbitrator in any matter
where a hearing is not required. You and an SK representative will
personally appear at any hearing (with counsel, if represented). Any in-
person hearing will be held in the county or parish in which you reside
or at another mutually agreed location. An arbitrator may award, on an
individual basis, any relief that would be available in court, including
injunctive or declaratory relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief
warranted by that party’s individual claim. To the fullest extent
permitted by applicable law, you and SK agree that each may bring
claims against the other only in an individual capacity and not as a
plaintiff or class member in any purported class, collective,
consolidated, private attorney general, or representative proceeding.
Further, unless you and SK agree otherwise, an arbitrator may not
consolidate more than one person’s claims and may not otherwise
preside over any form of class, collective, consolidated, private attorney
general, or representative proceeding. An arbitrator must follow and
enforce these Terms as a court would. If, after exhaustion of all appeals,
any of these prohibitions on non-individualized injunctive or declaratory
relief and class, collective, private attorney general, or representative
proceedings are found to be unenforceable with respect to a particular
claim or request for relief (such as a request for public injunctive relief),
then such claim or request for relief will be decided by a court of
competent jurisdiction, after all other claims and requests for relief are
arbitrated. The arbitrator shall issue a reasoned, written decision
sufficient to explain the essential findings and conclusions. The
arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil
Procedure 68 after entry of an award. Judgment on any arbitration
award may be entered in any court of competent jurisdiction, except an
award that has been fully satisfied may not be entered. An award shall
have no preclusive effect in any other arbitration or proceeding
involving SK in which you are not the sole named party.
4) Costs of Arbitration. Payment of all arbitration fees will be governed by
the AAA Rules (unless JAMS or another provider administers the
arbitration as set forth above, in which case their respective rules shall
govern). You and SK agree that the parties have a shared interest in
reducing the costs and increasing the efficiencies associated with
arbitration. Therefore, you or SK may elect to engage with the AAA (or
the applicable provider) regarding arbitration fees, and you and SK
agree that the parties (and counsel, if represented) will work together in
good faith to ensure that arbitration remains cost-effective for all
parties.
The Parties shall be responsible for their own attorneys’ fees and costs
in arbitration, unless they are authorized by law or the arbitrator
determines that a claim or proceeding was frivolous or brought for an
improper purpose or in bad faith (as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b)).
CLASS ACTION WAIVER AND JURY TRIAL WAIVER
You and SK each agree that any proceeding, whether in arbitration or in
court, will be conducted only on an individual basis and not in a class,
collective, consolidated, private attorney general, or representative
action. You and we agree to waive any right to bring or to participate in
such an action in arbitration or in court to the fullest extent allowable by
applicable law. Notwithstanding the foregoing, the parties retain the right
to participate in a class-wide settlement.
To the fullest extent permitted by applicable law, you and we waive the right
to a jury trial.
APPLICABLE LAW AND VENUE
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN
THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE
STATE OF CALIFORNIA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT
OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES
BETWEEN YOU AND SK. UNLESS YOU AND SK AGREE OTHERWISE, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STATE AND
FEDERAL COURTS THAT ENCOMPASS SAN FRANCISCO COUNTY,
CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTES
(EXCEPT FOR CLAIMS BROUGHT IN SMALL CLAIMS COURT) THAT ARE NOT
SUBJECT TO ARBITRATION, THAT ARE OPTED OUT OF ARBITRATION
PURSUANT TO THESE TERMS, OR OVER ANY ACTION THAT SEEKS TO
ENFORCE OR CHALLENGE THE ENFORCEABILITY OF THE ARBITRATION
AGREEMENT OR ANY PROVISION OF THE ARBITRATION AGREEMENT OR
THESE TERMS. YOU And SK CONSENT TO THE EXCLUSIVE JURISDICTION
OF THOSE COURTS AND WAIVE ANY OBJECTIONS AS TO PERSONAL
JURISDICTION OR AS TO THE LAYING OF VENUE IN SUCH COURTS
BECAUSE OF (1) INCONVENIENT FORUM OR (2) ANY OTHER BASIS OR
RIGHT TO SEEK TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION
TO ANOTHER COURT.
INDEMNITY
As a condition of use of this website, the User agrees to indemnify SK and its
suppliers from and against any and all liabilities, expenses, including but not
limited to, reasonable attorney’s fees, and damages arising out of claims
resulting from User’s use of this website, and including without limitation any
claims alleging facts that if true would constitute a breach of this Agreement.
USER-PROVIDED CONTENT
Content and/or information provided by User to SK through this website is
considered non-confidential and non-proprietary, except to the extent
information is submitted solely to attorneys for legal review. SK reserves the
right to edit, change, and remove User-provided content. User is not
authorized to post content that in SK’s determination is unlawful,
threatening, libelous, defamatory, obscene, or pornographic.
MODIFICATION
SK reserves the right to change this Agreement at any time by revising the
terms and conditions herein. User is responsible for regularly reviewing these
terms and conditions. Continued use of this website following such changes
shall constitute User’s acceptance of such changes. The Superior Court for the
County of San Francisco or the United States District Court for the Northern
District of law shall preside.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are: Copyright ©2025 Smith Krivoshey, PC. All
rights reserved worldwide.
PRIVACY POLICY
This Privacy Policy explains what Smith Krivoshey (“SK”) does with the
personal information that is collected from our users. SK may change its
policy from time to time, so it is suggested that you check this website from
time to time to ensure that you know about current policy. If you have any
questions or concerns regarding this policy, you should contact us at
info@skclassactions.com.
SK may collect IP addresses to help understand how our audience uses our
site and to gather broader demographic information, so that SK can make its
site better and improve users’ overall experience when they visit the website.
For these same reasons, if your browser is set up to accept them, the website
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 the website. A cookie doesn’t tell SK
who you are. Only you can do that.
Children
If you are under 18, you may not use this site.
AUTOMATIC SITE DATA COLLECTION TECHNOLOGIES
We, or third parties working on our behalf, may use cookies, web beacons,
javascript and pixel tags, log files, or other technologies to collect certain
information about visitors to our Site, users of our online Services, and
interactions with our emails and online advertisements, and to allow us to
keep track of analytics and certain statistical information including the
effectiveness of our advertising. For example, we may collect information
such as your browser type, operating system type or mobile device model,
viewed webpages, links that are clicked, IP address, mobile device identifier
or other unique identifier, sites or apps visited before coming to our Site, the
amount of time you spend viewing or using the Site, the number of times you
return, or other click-stream or site usage data, emails we send that you open,
forward, or click through to our Site. We also record your journey through our
website, including the pages you visit, the movement of your mouse or
pointer, and the keystrokes you type. This allows us to create a “session
replay” of your visit to our site. Collecting this information, and linking it with
your personal information, helps us to tailor our Site and to retarget online
and mobile advertisements to you and others across computers or devices
you or they may use.
How SK Discloses Your Personal Information
SK will only disclose any personally identifiable information about individual
users, in accordance with this Privacy Policy and the Terms of Service, or to
comply with applicable laws or valid legal process, or to protect the rights or
property of SK.
SK discloses personally identifiable individual information and the other
information you provide us to lawyers or law firms whose advertising you are
responding to. While SK cannot guarantee that the information you submit
to us will not end up in the hands of the company or person that you are
complaining about, where applicable, we will take reasonable steps to insure
that the information you submit to us, for legal review, is only submitted to
the lawyers or law firms whose advertising you are responding to.
SK may also disclose your contact information and the other information that
you provide us in the following circumstances:
- SK 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 - SK might change, sell, reorganize or liquidate via bankruptcy this
business. If so, your information will of course be one of the transferred
assets. - SK may release account and other personal information when SK
believes release is appropriate to comply with law, or to protect the
rights, property, or safety of SK, our users, or others.
From time to time SK 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 SK partners with another
party to provide a specific service to you, and if you sign up for the service,
then and only then will SK provide your other information to such partner.