TERMS OF USE

This website (the “Website”) is operated by Parabellum Capital LLC (together with its affiliates, “Parabellum”).  By using the Website, you agree to the following Terms of Use.

  1. Nature of Parabellum’s Services

Parabellum provides services as a litigation financier, also known as a third-party litigation funder (the “Services”).  This Website is for informational purposes only, does not create an attorney-client or other legal relationship, does not constitute a solicitation of litigation, and does not constitute a complete description of Parabellum’s Services.  The use of Parabellum’s Services requires agreement to these Terms of Use, and may also require the execution of other legal documents that may supplement, modify, alter, or supersede these Terms of Use.

Parabellum is not a law firm or legal services organization.  Parabellum is not engaged in the practice of law or the provision of legal services.  None of the information contained on this Website is or should be construed as legal advice.  By providing information to Parabellum through the Website or otherwise, you are not establishing an attorney-client relationship with Parabellum.  Information on the Website is intended for general informational purposes only and may be used only as a starting point for thinking about legal issues.  Viewing or accessing information from the Website does not create an attorney-client relationship with Parabellum or any attorney.

Parabellum is not a lawyer-referral service.  Parabellum is not affiliated with any attorneys or law firms.  No attorneys or law firms offer legal services through the Website or pay marketing fees to Parabellum.  Parabellum does not market any services of any particular attorneys.  No attorneys or law firms have elected to participate in the use or dissemination of any information on the Website.  The Website does not endorse or vouch for the credentials, abilities, competence, character, or other professional qualities of any attorneys or law firms.

No statements on the Website concern any particular attorneys or law firms, nor have any statements on the Website been made with the influence of any attorneys or law firms.  No attorneys or law firms have given anything of value to Parabellum to recommend or obtain employment by a user of Parabellum’s Website or Services, or as any form of compensation for Parabellum making any statement or taking any action that contributes in any way to any communication by a user of this Website with or retention of any attorneys or law firms.  No element of Parabellum’s compensation for its Services relates to, depends upon, or is contingent upon the retention or employment of any particular attorneys or law firms.

Retaining an attorney or law firm is an important decision that should be based on a client’s overall evaluation of that attorney or firm and not exclusively on third-party statements.  Attorneys and law firms with whom Parabellum has worked or has been in contact are not inherently or necessarily more qualified than other attorneys.  To the extent an attorney or law firm is retained in connection with the use of Parabellum’s Services, that attorney or firm – and not Parabellum – is solely responsible for any and all legal advice rendered.  Information on the Website is not a substitute for a consultation with an attorney about specific legal issues.

  1. Use of Information

You are only permitted to print or download information and content from the Website for personal non-commercial use or for the non-commercial use of your organization.  You may not make any part of the Website available as part of another website, whether by hyperlink or otherwise, unless you have received written authorization to do so from Parabellum.

You are prohibited from modifying materials you have printed or downloaded from the Website.  You are further prohibited from using any illustrations, photographs, graphics, video, or audio sequences separately from any accompanying text.

  1. No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, PARABELLUM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT PARABELLUM’S SERVICES OR THE WEBSITE.  PARABELLUM DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.  Parabellum disclaims all liability and responsibility arising from, in connection with, or related to any reliance placed on such materials by any user of the Website, or by anyone who may be informed of its contents.

  1. Links to Third-Party Content

The Website may contain links to other sites and resources provided by third parties.  Such links are provided for informational purposes only.  Parabellum has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Release

You agree not to hold Parabellum responsible for any legal advice or services rendered by any attorney retained in connection with the use of Parabellum’s Services, and hereby release Parabellum from any and all claims arising from, in connection with, or related to any such advice and/or services.

This Website, and any and all information available on or accessed through this Website, is provided on an “as is” basis.  Parabellum makes no warranties, representations, or claims of any kind concerning any information on the Website.  Parabellum does not warrant or guarantee that the Website is free of viruses or errors.

Parabellum is not responsible for any loss, injury, demand, claim, liability, or damage of any kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from, in connection with, or related to any use of the Website.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARABELLUM, ITS AFFILIATES, OR ANY OF ANY THEIR RESPECTIVE PRINCIPALS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) THE OUTCOME OF ANY LEGAL MATTER; (2) ACCESS TO OR USE OF PARABELLUM’S SERVICES OR WEBSITE; OR (3) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO PARABELLUM’S SERVICES OR WEBSITE.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PARABELLUM, ITS AFFILIATES, OR ANY OF ANY THEIR RESPECTIVE PRINCIPALS, DIRECTORS, EMPLOYEES, OR AGENTS, FOR ANY CLAIM ARISING FROM, IN CONNECTION WITH, OR RELATED IN ANY MANNER TO YOUR USE OF PARAELLUM’S SERVICES OR WEBSITE, IS LIMITED TO THE AMOUNT PAID BY YOU TO PARABELLUM TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12-MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Parabellum, its affiliates, or any of any their respective principals, directors, employees, or agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from, in connection with, or related to your use of the Website, breach of these Terms of Use, or use of Parabellum’s Services, including, without limitation, any actual or threatened suit, demand, or claim.

  1. Governing Law and Dispute Resolution

Governing Law.  Any and all disputes, claims, or controversies arising from, in connection with, or related to Parabellum’s Website or Services (collectively, “Disputes”) shall be governed by the laws of the State of New York, without regard to conflict of laws principles.

Mandatory Arbitration.  ANY AND ALL DISPUTES SHALL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY JAMS IN NEW YORK, NEW YORK.  The arbitration shall be conducted pursuant to the JAMS Comprehensive Arbitration Rules in effect at the time of the arbitration.  The tribunal shall consist of one arbitrator that the Parties will seek to agree upon within fourteen (14) days of the request for arbitration, and if no such agreement is reached, JAMS shall appoint the arbitrator within seven (7) days thereafter.  The tribunal, or any arbitrator appointed on an expedited basis, shall have exclusive jurisdiction and authority to determine all threshold and gateway issues of arbitrability and jurisdiction.  Each party shall pay its own expenses in such arbitration, including attorneys’ fees. An arbitration award may be confirmed in any court of competent jurisdiction.  Nothing in this provision shall prevent either Party from obtaining preliminary injunctive relief in a court of competent jurisdiction if necessary to prevent irreparable harm pending the conclusion of any arbitration in accordance with this arbitration agreement; provided, that, for any such injunctive relief, the Parties hereby consent to the exclusive jurisdiction of any state or federal court located within the County of New York and State of New York, and agree that all such actions shall be litigated in such courts waiving any defense of forum non conveniens.

Modification of Statute of Limitations.  TO BE TIMELY, A DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE ACCRUAL OF A CAUSE OF ACTION.

Class Action Waiver.  DISPUTES MAY ONLY BE BROUGHT INDIVIDUALLY, AND NOT IN A CLASS ACTION LAWSUIT, OR CLASS ARBITRATION, OR ANY OTHER PROCEEDING BROUGHT IN A REPRESENTATIVE CAPACITY.

Third-Party Beneficiaries of Arbitration Agreement.  The Parties recognize that each other’s agents and affiliates are express third-party beneficiaries of this provision and such agents and affiliates may enforce this provision to arbitrate to the fullest extent.

Severability of Arbitration Agreement.  In the event any provision of this agreement to arbitrate is deemed to be unenforceable or contrary to public policy, such provision shall be severable, and the remainder of this agreement shall remain in effect and enforceable to the greatest possible extent.

  1. No Assignment

You are prohibited from assigning any of your rights under these Terms of Use, and any attempt to do so shall be void.  Parabellum may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

  1. Modifications

Parabellum reserves the right at any time to revise these Terms of Use.  By accessing or using the Website or Services, you agree to be bound by the most recent version of these Terms of Use.

Parabellum further reserves the right at any time to temporarily suspend or permanently discontinue all or any part of the Website and to restrict or prohibit access to the Website.

  1. Severability

In the event any provision of these Terms of Use is deemed to be unenforceable or contrary to public policy, such provision shall be severable, and the remainder of these Terms of Use shall remain in effect and enforceable to the greatest possible extent.

  1. Entire Agreement

Unless these Terms of Use are modified as set forth herein, or modified or superseded by a contractual agreement between Parabellum and/or its affiliates and a user of Parabellum’s Website or Services, these Terms of Use constitute the entire agreement between you and Parabellum with respect to the subject matter of these Terms of Use, and supersede and replace any prior version of the Terms.  Except as expressly set forth herein, these Terms of Use confer no rights or benefits upon any third-parties.