Terms of Service
Effective Date: ____________
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE PLATFORM, SUBMITTING INFORMATION THROUGH THE PLATFORM, OR OTHERWISE INTERACTING WITH SAFENY, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
1. ACCEPTANCE OF TERMS
These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and NODAL LOGICS LLC, a Wyoming limited liability company doing business as SafeNY (“SafeNY,” “Company,” “we,” “us,” or “our”).
By accessing, browsing, submitting information through, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Platform.
2. ELIGIBILITY
You represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you possess the legal capacity to enter into a binding agreement;
(c) all information submitted through the Platform is accurate and complete to the best of your knowledge; and
(d) your use of the Platform complies with Applicable Law.
3. ABOUT SAFENY
SafeNY operates a technology platform and legal advertising network that compiles, organizes, displays, and publishes information derived from publicly available motor-carrier safety and transportation records, including information obtained from the Federal Motor Carrier Safety Administration (“FMCSA”), the Safety and Fitness Electronic Records (“SAFER”) system, and related governmental sources.
The Platform also facilitates consumer inquiries and may transmit user-submitted information to participating attorneys, law firms, or legal-service providers that advertise through the Platform.
SafeNY provides technology, publishing, advertising, informational, and lead-generation services only.
4. NOT A LAW FIRM; NO LEGAL ADVICE
SAFE NY IS NOT A LAW FIRM.
SAFE NY IS NOT LICENSED TO PRACTICE LAW.
SAFE NY DOES NOT PROVIDE LEGAL ADVICE.
SAFE NY DOES NOT REPRESENT USERS.
SAFE NY DOES NOT EVALUATE LEGAL CLAIMS.
SAFE NY DOES NOT DETERMINE LIABILITY, FAULT, DAMAGES, OR THE VALUE OF ANY LEGAL MATTER.
SAFE NY DOES NOT INVESTIGATE, VERIFY, VALIDATE, EVALUATE, ASSESS, OR DETERMINE THE MERITS OF ANY CLAIM, ACCIDENT, INJURY, DISPUTE, LEGAL ISSUE, OR POTENTIAL LEGAL MATTER.
Information available through the Platform is provided for informational purposes only and should not be relied upon as legal advice.
You should consult with a qualified attorney regarding any legal issue.
5. NO ATTORNEY-CLIENT RELATIONSHIP
Your use of the Platform does not create an attorney-client relationship between:
(a) you and SafeNY;
(b) you and any participating attorney;
(c) you and any participating law firm; or
(d) you and any legal-service provider.
An attorney-client relationship may be established only through a separate agreement between you and a participating attorney or law firm.
6. NO ATTORNEY REFERRAL SERVICE; CONSUMER CHOICE
SafeNY is not a lawyer referral service. SafeNY does not recommend, endorse, rank, evaluate, compare, or select attorneys on behalf of users.
SafeNY does not make qualitative assessments regarding the competency, experience, likelihood of success, or suitability of any attorney for any particular matter.
The appearance of any attorney, law firm, legal-service provider, advertisement, profile, listing, communication, or content through the Platform does not constitute an endorsement, recommendation, certification, ranking, evaluation, or approval by SafeNY.
Users remain free to consult with, retain, or receive services from any attorney or law firm of their choosing.
Submission of an inquiry through the Platform does not obligate you to retain any attorney.
7. USER SUBMISSIONS AND LEAD REQUESTS
By submitting information through the Platform, you authorize SafeNY to process, store, and transmit such information to participating attorneys, law firms, or legal-service providers for purposes consistent with the Platform.
You further authorize SafeNY to collect, store, process, reproduce, transmit, disclose, analyze, and use information submitted through the Platform for purposes relating to operation of the Platform, legal advertising, lead generation, attorney communications, consumer support, fraud prevention, analytics, compliance, and related business purposes.
You represent that all information submitted is truthful, accurate, and not misleading.
SafeNY may decline to process, transmit, retain, or respond to any submission in its sole discretion. SafeNY does not guarantee that any attorney, law firm, or legal-service provider will respond to your inquiry.
8. CONSENT TO COMMUNICATIONS
By submitting information through the Platform, you expressly consent to receiving communications regarding your inquiry from SafeNY and participating attorneys, law firms, or legal-service providers.
Such communications may include:
(a) telephone calls;
(b) emails;
(c) text messages;
(d) prerecorded messages, where permitted by Applicable Law; and
(e) other lawful communication methods.
Communications may be initiated by SafeNY, participating attorneys, law firms, legal-service providers, contractors, service providers, or other authorized representatives acting in connection with your inquiry.
To the extent permitted by Applicable Law, communications may be made using automated technology, automatic telephone dialing systems, prerecorded messages, artificial voice technology, email, text messages, or other communication technologies.
SafeNY may maintain records of consent, inquiry submissions, communication preferences, and related submission information. Your consent is not a condition of purchasing any goods or services. You may revoke consent as permitted by Applicable Law, although revocation may limit the ability of attorneys or law firms to respond to your inquiry.
8.1 NO GUARANTEE OF CONTACT
SafeNY does not guarantee that any attorney, law firm, or legal-service provider will review, respond to, evaluate, accept, pursue, or provide services relating to any inquiry submitted through the Platform.
9. PRIVACY
Your use of the Platform is subject to the SafeNY Privacy Policy.
You acknowledge that information submitted through the Platform may be collected, processed, stored, disclosed, and transmitted in accordance with the Privacy Policy and these Terms.
10. USER CONDUCT
You agree not to:
(a) submit false, fraudulent, misleading, or inaccurate information;
(b) impersonate another person or entity;
(c) interfere with the operation of the Platform;
(d) access the Platform through unauthorized means;
(e) attempt to gain unauthorized access to systems or data;
(f) use the Platform in violation of Applicable Law; or
(g) use the Platform for unlawful, abusive, or fraudulent purposes.
11. INTELLECTUAL PROPERTY
The Platform, including all software, content, text, graphics, databases, trademarks, logos, designs, compilations, and proprietary materials, is owned by SafeNY or its licensors and is protected by intellectual property laws.
No ownership rights are transferred to users.
12. PUBLIC DATA AND THIRD-PARTY SOURCES
The Platform may contain information derived from FMCSA, SAFER, governmental sources, third-party data providers, and other external resources.
SafeNY does not control such sources and does not guarantee their accuracy, completeness, timeliness, or continued availability.
Users should independently verify any information before relying upon it.
12.1 ATTORNEYS AND LAW FIRMS
SafeNY does not employ, supervise, direct, control, manage, monitor, evaluate, or oversee any participating attorney, law firm, legal-service provider, or legal representation.
SafeNY is not responsible for any act, omission, communication, advice, representation, misconduct, malpractice, conflict of interest, disciplinary issue, settlement, judgment, legal fee, or legal outcome involving any attorney, law firm, or legal-service provider.
13. DISCLAIMER OF WARRANTIES
THE PLATFORM, SERVICES, CONTENT, INFORMATION, MATERIALS, DATA, AND TECHNOLOGY ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
SAFE NY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND RESULTS.
SAFE NY DOES NOT WARRANT:
(a) THE ACCURACY OF FMCSA, SAFER, OR GOVERNMENTAL DATA;
(b) THE AVAILABILITY OF THE PLATFORM;
(c) THE QUALITY OF ANY ATTORNEY OR LAW FIRM;
(d) THAT ANY INQUIRY WILL RECEIVE A RESPONSE;
(e) THAT ANY MATTER WILL RESULT IN REPRESENTATION;
(f) THAT ANY LEGAL MATTER WILL RESULT IN RECOVERY, SETTLEMENT, OR SUCCESS; OR
(g) THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
SAFE NY DOES NOT WARRANT THAT ANY ATTORNEY, LAW FIRM, OR LEGAL-SERVICE PROVIDER IS LICENSED, QUALIFIED, SUITABLE, AVAILABLE, OR APPROPRIATE FOR ANY PARTICULAR USER OR LEGAL MATTER.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAFE NY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES.
SAFE NY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, THESE TERMS, ANY USER SUBMISSION, ANY COMMUNICATION, OR ANY OTHER SUBJECT MATTER RELATING TO THE PLATFORM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE.
14.1 RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USER RELEASES SAFE NY AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS FROM ANY CLAIM ARISING OUT OF:
(a) COMMUNICATIONS BY ATTORNEYS, LAW FIRMS, OR LEGAL-SERVICE PROVIDERS;
(b) LEGAL ADVICE OR LEGAL SERVICES PROVIDED BY THIRD PARTIES;
(c) ATTORNEY-CLIENT RELATIONSHIPS;
(d) LEGAL OUTCOMES;
(e) FAILURE TO OBTAIN LEGAL REPRESENTATION;
(f) ATTORNEY MISCONDUCT;
(g) LEGAL FEES;
(h) SETTLEMENTS;
(i) JUDGMENTS; OR
(j) ANY ACT OR OMISSION OF AN ATTORNEY, LAW FIRM, OR LEGAL-SERVICE PROVIDER.
THIS RELEASE SHALL SURVIVE TERMINATION OF THESE TERMS.
15. USER INDEMNIFICATION
You agree to defend, indemnify, and hold harmless SafeNY and its affiliates, owners, members, managers, officers, directors, employees, contractors, agents, licensors, and service providers from claims arising out of:
(a) your use of the Platform;
(b) your violation of these Terms;
(c) your violation of Applicable Law; or
(d) information submitted by you through the Platform.
16. DISPUTE RESOLUTION
Any dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. Judgment upon any award may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs to the extent permitted by Applicable Law.
The arbitration shall be conducted in Sheridan County, Wyoming, before a single arbitrator.
THE PARTIES WAIVE TRIAL BY JURY.
THE PARTIES WAIVE PARTICIPATION IN CLASS ACTIONS. ALL CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTIES’ INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Notwithstanding the foregoing, SafeNY may seek temporary, preliminary, or permanent injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, data, systems, or other proprietary rights.
THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS.
17. CHANGES TO TERMS
SafeNY may modify these Terms from time to time. Continued use of the Platform following publication of revised Terms constitutes acceptance of the revised Terms.
18. TERMINATION
SafeNY may suspend, restrict, or terminate access to the Platform at any time and for any reason. SafeNY may do so without liability and without prior notice where reasonably necessary to protect the Platform, users, attorneys, legal-service providers, or SafeNY’s business interests.
19. GOVERNING LAW
These Terms shall be governed by Wyoming law without regard to conflict-of-laws principles.
20. MISCELLANEOUS
These Terms constitute the entire agreement between the parties regarding the Platform.
If any provision is unenforceable, the remaining provisions shall remain in effect.
Electronic signatures and electronic records shall be deemed originals.
The parties are independent parties and no agency, partnership, joint venture, or fiduciary relationship is created by these Terms.