Introduction
“Welcome to the Terms of Use for the National Injured Senior Law Center, a part of the Law Offices of Steven H. Heisler. By using this site or the educational materials or services provided by our team, you agree to be bound by the terms and conditions below. The provision of our Terms of Use explains both the rules that you must follow while visiting and using the site and the rights and obligations we hold towards visitors and users of our educational resources and legal representation. We ask that you read these Terms of Use carefully before beginning to use any of our resources or interacting with our legal team. If you do not agree to all of the Terms of Use, do not use our site or our services. It is our goal to give kind, selective, and experienced legal representation to seniors and their loved ones who have suffered injuries or limitations as well as people who have been victimized. These Terms of Use are designed to help us obtain that goal by making our dealings clear and eliminating misunderstandings.”
About the NSL Law Center
The National Injured Senior Law Center is comprised of attorneys who handle claims on behalf of seniors and elderly victims who have been injured as the result of negligence, abuse, or defective products. We are a division of the Law Offices of Steven H. Heisler, and our skilled attorneys handle cases for clients across the country to secure funding for medical costs, pain and suffering, lost wages, and other damages. Cases are handled on a contingency basis, and we provide free consultations and no-risk case evaluations. We maintain compassionate, client-centered practices. Our offices are located at 1011 N Calvert St., Baltimore, MD 21202. Call us today at 877-228-4878 or (855) 463-2306 during business hours Monday – Friday, 8:00 AM – 5:00 PM.
Acceptance of Terms
By using, browsing, or taking advantage of the National Injured Senior Law Center website, or any of the services offered by the Center, you indicate that you have read, understand, and agree to be bound by these Terms of Use and our Privacy Policy. If you are using a website or any services offered by the Center on behalf of a business or another entity, you represent that you have the authority to bind such business or entity to these Terms of Use. If you do not accept these terms of use you must discontinue use of our site and services immediately.
Changes to Terms
We may unilaterally update, change, or otherwise revise these Terms of Use at any time, in our sole discretion and without notice. The changes will take effect immediately upon posting to the site. It is your responsibility to review these terms periodically so that you remain informed of any such changes. Your continued use of the site or service after posting of changes will constitute acceptance of and agreement to the terms as modified.
Legal Services and Attorney-Client Relationships
“The content of this site such as text, graphics, images, and other materials obtained from or through this site (the “content”), is for general informational purposes only, and is not intended to serve as legal advice. Your use of the site does not create an attorney-client relationship between you and the National Injured Senior Law Center, the Law Offices of Steven H. Heisler or any of its attorneys or staff. No attorney-client relationship exists unless (1) a conflict-of-interest check has been run; (2) a decision to accept your matter has been confirmed; and (3) a written retainer agreement signed by both you and the attorney has been entered into. In the interim, do not send any confidential or sensitive information through our website.”
Scope of Legal Services
The National Injured Senior Law Center provides legal counsel to seniors and elderly victims of drug injuries, medical device injuries, medical malpractice, medication errors, nursing home abuse, elder sexual abuse, slip and fall injuries, elder work injuries, and elder wrongful death. We provide free consultations, risk-free case evaluations, claim filing and negotiations, trial representation, and information on senior health risks. Representation is done on a contingency fee basis meaning representation fees are only charged if recovery is made. No up front fees are charged.
Practice Areas and Jurisdictions
Our clients are seniors (generally age 65 and older), their family members, caregivers, and advocates across the United States. While our primary office is in Baltimore, Maryland, we handle matters throughout the country through a network of legal professionals and, if necessary, local counsel. Not all matters can be handled in all courts, however, because of state law, licensing, or local rules. In those instances where we cannot handle a matter, we may suggest or recommend a trusted colleague or member of the bar to handle the issue.
Responsible Use and Conduct
“By using our site and services, you agree that you will use them for lawful means only. You may not use our site or services to:
- Commit a violation of local, state, national or international law or regulation;
- Provide us with false or misleading information;
- Engage in action that infringes on the rights, privacy or safety of another person;
- Transmit or upload any material, including but not limited to computer viruses, Trojan horses, worms, defects, time bombs, spyware, adware, or other harmful code;
- Attempt to illegally gain access to the sites or systems of others; and/or
- Interfere with the proper operation or security of our site.
Violations may result in termination of your access and legal action.”
Intellectual Property
All of the materials, information, ideas, and communications on this website – including, but not limited to, all text, graphics, logos, photographs, audio, video, downloadables, and other materials – are owned by the National Injured Senior Law Center, the Law Offices of Steven H. Heisler, or our authorized licensees. All content is protected as a collective work under applicable copyright, trademark, and other laws. You are granted a limited license only to access the website and personally use this site for your own personal and non-commercial purposes. You may not reproduce, distribute, modify, display, perform, republish, download, store, or transmit any material from our website without our express written permission except as expressly permitted by law.
Prohibited Uses
“You shall not:
- Use any automated system, including, but not limited to, robots, spiders, offline readers, etc., to access the site in a manner that sends more request messages to the site in a given period of time than a human can reasonably produce in the same period of time;
- Attempt to interfere with the proper working of the website or any activities conducted on the site;
- Duplicate or scrape content or data for commercial purposes;
- Use our name, logo, or other trademarks without authorization;
- Impersonate any individual or entity including our staff or attorneys; or
- Post or transmit any material that is unlawful, harassing, defamatory, vulgar, obscene or otherwise objectionable.”
Privacy and Security
This Privacy Statement is part of our Terms of Service. We take your privacy concerns seriously and are fully committed to safeguarding your personal information. Please visit our separate Privacy Policy for information regarding how we use your information, and other terms and conditions. By using our site or other service, you agree to our privacy practices. While we make reasonable efforts to protect your information, no method of transmission on the Internet is fully secure, and therefore, we cannot guarantee the security of your information.
Third-Party Websites and Affiliates
Our website may contain links to third-party websites, resources, or services that are not owned or controlled by the National Injured Senior Law Center. Any such links are provided for your reference and convenience only. We bear no responsibility for the content, privacy policies, or practices of any third-party sites. Inclusion of a link does not imply endorsement or that we have been affiliated with the other sites. Your use of any third-party website is at your own risk and subject to the terms and conditions of use and privacy statements applicable to such website.
No Warranties
The National Injured Senior Law Center website, information, and services are presented on an “AS IS” and “AS AVAILABLE” basis and may contain inadvertent errors or omissions. We make no warranty of any kind regarding the website, site content, or site services. To the maximum extent permitted by law, we disclaim all warranties either express or implied, including without limitation those of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site or the content will be uninterrupted, secure, or free of viruses or other harmful components.
Limitation of Liability
“To the fullest extent allowed by law, the National Injured Senior Law Center, the Law Offices of Steven H. Heisler, their attorneys, employees, agents, and affiliates shall not be responsible for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your use of our website, services, or materials. This includes, but is not limited to, any damages to your services or equipment due to use of our materials, data, or website, including but not limited to any damages for loss of profits, goodwill, data, or other intangible losses even if you have been advised of the possibility of such damages. Your only and sole remedy for dissatisfaction or a claim concerning the site or services is to discontinue use of the services and/or site.”
Indemnification
“You agree to defend, indemnify, and hold harmless the National Injured Senior Law Center, the Law Offices of Steven H. Heisler, their attorneys, employees, agents, and affiliates from and against any and all 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/or Services.”
Confidentiality and Form Communications
“Any information you send to us before establishing a formal attorney/client relationship, whether by way of use of our online contact form or during your free, no-obligation consultation will be treated with reasonable confidentiality. Because information may be transmitted electronically, this just simply cannot be guaranteed. Once an attorney-client relationship is formed, communications between us will fall within the protections afforded by the relevant legal & ethical rules of confidentiality.”
Do you ever sit in a meeting or conference or trial in which materials and information have been designated confidential? Can you agree upon what that term means? Of course not. Meaning depends entirely upon perspective. Last month the DC Circuit provided us with another very helpful perspective on privilege issues. The United States Court of Appeals for the District of Columbia ruled this week in In re Kellogg, Brown & Root Inc. that a plaintiff who filed suit alleging fraud against KBR was entitled to almost 1,000 documents not previously disclosed by KBR as protected by attorney-client privilege. In relevant part, the court ruled: Under [KBR’s] definition, communications are protected based on their relevance to future disputes, and even if those criminal prosecutions do not occur. Under Supreme Court precedent from Mohawk Industries, Inc. v. Carpenter, 130 S. Ct. 599 (2009), the district court properly denied KBR’s request for an interlocutory appeal because requiring review at this stage “would unduly disrupt” the parties’ discovery efforts. Id. at 606; see also 28 U.S.C. § 1292(b). KBR refused to disclose any documents previously disclosed by former Morton executives, invoking attorney-client and work product privilege as a basis not to make them public. Defense lawyers often have a difficult time training clients in the unexpected nuances of “privilege.” Here is yet another perspective which may help in that endeavor.
No Results Guarantee
“Prior results, case studies, testimonials, or endorsements found on our website are for marketing and advertising purposes only, are not indicative of any specific result, and do not guarantee a similar case outcome. Every case is different and outcomes are dependent upon the facts and applicable law.”
Attorney Advertising Disclosures
“This website may be deemed advertising in some jurisdictions. The determination of the need for legal services and the choice of a lawyer are extremely important decisions which should not be based solely on advertisements. Any reader having questions regarding the qualifications and experience of our lawyers is invited to contact us directly at 877-228-4878 or (855) 463-2306.”
Contingency Fee Information
“The lawyer is employed on a generally contingent fee basis. Fees are not charged unless and until a recovery is paid on behalf of clients. Costs and expenses incurred in connection with preparation or litigation of cases may be deducted from any recovery as specified in the applicable retainer covering such matters. Specifics will be discussed and agreed upon prior to representation.”
Free Case Evaluation & Consultation
We provide all prospective clients with free initial consultations and risk-free case evaluations. The purpose of the consultation is to determine whether we can help you, and to answer your initial questions. A consultation does not mean that you will hire us, or that there is any attorney-client relationship until a written fee agreement is entered into between you and us.
User Submissions and Messages
Any comments, questions, suggestions, or other feedback you send us via the website, by email, by mail, or otherwise may be used by the National Injured Senior Law Center for internal, marketing, or publication purposes (as permitted by applicable confidentiality and privacy rules). You give us the right to use, display, and publish such content on a non-exclusive, royalty-free basis, necessitating no payment or approval from you, perennially and indefinitely (except to the extent covered by a client engagement letter), unless otherwise agreed in writing.
Termination and Suspension
“We reserve the right to suspend or terminate your access to the website or our services at any time without notice for conduct that we, in our sole discretion, believe violates these Terms of Use, applicable law or is harmful to us, our clients, or other users. Your license to use the website and services terminates immediately upon termination. Portions of these provisions relating to intellectual property, disclaimers, limitations of liability, indemnity, and governing law shall survive any termination.”
Governing Law and Jurisdiction
THESE TERMS OF USE ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAWS PROVISIONS. BY USING THIS WEBSITE OR BY USING OUR SERVICES, YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN BALTIMORE, MARYLAND FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THIS WEBSITE, OR OUR SERVICES.
Dispute Resolution
“We will attempt to resolve any problem or disagreement between us informally. If you have any problems with these Terms of Use or our services, contact us first at 877-228-4878 and let’s try to work something out. If we cannot resolve our dispute informally, you agree that any claim or controversy arising under the Terms of Use or our services shall be finally settled by binding arbitration in Baltimore, Maryland, using the Commercial Rules of the American Arbitration Association, unless you agree to another location in writing. Small claims court claims are excluded from this requirement.”
Severability
If a provision of these Terms of Use is invalid, unlawful, or unenforceable to any extent by a court of competent jurisdiction, the remaining provisions contained in these Terms of Use shall continue in full force and effect as to you. The invalid, unlawful, or unenforceable provisions shall be deemed modified to the minimum extent necessary to render them valid and enforceable.
No Waiver
Failure of the National Injured Senior Law Center to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.
Assignment
“You will not assign or attempt to assign or delegate or attempt to delegate any of your rights or obligations hereunder without our prior written consent. We may assign any of our rights and obligations hereunder to a successor organization, affiliate, or third party in connection with a merger, acquisition, or sale of assets.”
Entire Agreement
Your access to and use of this website and our services or products is governed by these Terms of Use collectively with our Privacy Policy above (these “Terms”) and any other agreement you enter into with the National Injured Senior Law Center. These Terms supersede all prior or contemporaneous oral or written communications, representations, guarantees, and agreements associated with your access to and use of this website and our services or products.
Contact Us
If you have questions about these Terms and Conditions, our services, or your rights and obligations, please contact us:
National Injured Senior Law Center (A Division of the Law Offices of Steven H. Heisler)
1011 N Calvert St., Baltimore, MD 21202
National Senior Injury Hotline: 877-228-4878
Alternate phone number: (855) 463-2306
Office Hours: Monday – Friday, 8:00 AM – 5:00 PM
You may also fill out our online Contact form to setup a Free Consultation or get more information.
Changes to These Terms
We may update these Terms of Use from time to time to comply with the law or to reflect our services or for other operational reasons. When we update these Terms of Use, we will note the updated date at the beginning of this page. If you continue to use the website and services after the posting of changes, it means that you accept the changes. We recommend that you check this page periodically.
Acknowledgment
By using the National Injured Senior Law Center website or services, you agree to read, understand, and be bound by these terms and conditions. For any questions or clarifications, please directly contact us. Thank you for choosing the National Injured Senior Law Center for your legal needs.