Class Action Terms

1. Not a Law Firm; No Legal Advice

1.1 The Services are a technology tool that makes available information regarding publicly available Settlements. Ferrix is not a law firm, a lawyer referral service, a claims administrator or a claims filing service, and the Services are not a substitute for the advice of a qualified lawyer.

1.2 Without limiting section 1.1, you acknowledge and agree that:

• we do not provide legal advice, legal opinions or legal representation, and no Content constitutes any of them;
• your use of the Services does not create a lawyer–client relationship, a fiduciary relationship, an agency relationship or an advisory relationship of any kind between you and us, and no communication between you and us is protected by any privilege;
• we do not evaluate the legal merits of any claim, and nothing in the Services is a determination of, or an opinion regarding, your legal rights or your eligibility for any Settlement; and
• we are not affiliated with, and are not authorized, sponsored or endorsed by, any court, Administrator, class counsel, defendant or governmental body.

1.3 For any legal question, advice or representation, you should consult a qualified lawyer licensed in your jurisdiction. You shall not rely upon the Services for legal guidance.

2. Discovery and Assistance Only

2.1 What the Services Do. The Services make available information regarding publicly available Settlements, compiled from public sources, and assist you in identifying Settlements for which you may be eligible on the basis of information you provide. The Services do nothing more.

2.2 You Submit Each Claim Directly to the Administrator. Where you elect to pursue a Settlement, the Services direct you to the relevant Administrator’s own website, on which the official claim form is presented (for example, in a browser opened within the Apps). You complete and submit the claim form yourself, directly to the Administrator, on the Administrator’s website.

2.3 We Do Not Submit or Transmit Claims. We do not submit any claim on your behalf, we do not act as your agent or attorney-in-fact, and we do not transmit or forward any claim information to any Administrator. Any information you enter into an Administrator’s claim form is provided by you, directly to that Administrator, under that Administrator’s own terms and privacy policy.

2.4 You May Always Proceed Without Us. The use of the Services is not required in order to participate in any Settlement. Information regarding Settlements is publicly available, and Administrators accept claims submitted directly to them. The Services are a convenience for identifying and keeping a record of Settlements, and nothing more.

3. No Guarantee of Eligibility, Approval, Amount or Timing

3.1 We make no representation, warranty or guarantee of any kind regarding your eligibility for any Settlement, the acceptance, approval or denial of any claim, the amount of any payment, or the timing of any payment or distribution. Each of those matters is determined solely by Administrators and courts, which are independent third parties over which we have no control.

3.2 Without limiting section 3.1, you acknowledge and agree that:

• whether you qualify for a Settlement is determined by the terms of that Settlement and by the relevant Administrator and court, and not by us;
• a claim may be approved, approved in part, reduced, delayed, audited or denied for any number of reasons, and payment is never assured;
• the details of a Settlement, including its deadlines, eligibility criteria and payment terms, are compiled from public sources on a reasonable-efforts basis, may contain errors or omissions, may be incomplete or out of date, and may change at any time by order of a court or decision of an Administrator;
• the Services may not include every available Settlement, and the inclusion of a Settlement in, or its absence from, the Services implies nothing regarding its validity or your eligibility for it; and
• you are solely responsible for verifying the details of any Settlement, your eligibility for it and its deadlines through the official channels of the relevant Administrator before relying upon them.

4. Estimates Are Estimates Only

4.1 The Services may present an estimated potential payment in respect of a Settlement (for example, “Est. up to $X”), and an estimate of the aggregate amount for which you may be eligible. Every such figure is an estimate derived from the publicly available terms of Settlements and from information you provide, and is presented solely to assist you in deciding which Settlements to consider.

4.2 An estimate is not a promise, offer, representation, warranty or guarantee of eligibility, of approval or of any amount. Actual payments, if any, are determined by the relevant Administrator and court, and frequently depend upon the total number of valid claims submitted and the funds available for distribution. The amount you actually receive may be substantially less than any estimate, and may be nothing at all.

5. Your Certifications and Responsibilities

5.1 Sole Responsibility. You are solely responsible for determining your own eligibility for any Settlement, and for the truth, accuracy and completeness of everything you submit to an Administrator. Because you submit each claim directly to the Administrator, every statement made in a claim is your own statement.

5.2 Truthful Certification Required. A claim in respect of a Settlement ordinarily requires you to certify, frequently under penalty of perjury, that the information you provide is true and that you satisfy the eligibility requirements. The submission of a false claim or a false certification may carry serious legal consequences, including civil liability and criminal liability for perjury or fraud. You shall submit only those claims for which you genuinely believe yourself to be eligible, and shall certify only those statements that you know to be true.

5.3 Your Undertakings. By using the Services to identify Settlements and to submit claims, you represent, warrant and undertake that:

• all information you submit to any Administrator is and will be true, complete and accurate to the best of your knowledge;
• you genuinely believe that you satisfy the eligibility requirements of each claim you submit;
• you understand and accept the legal consequences of submitting false information;
• you will not submit duplicate claims in respect of the same Settlement;
• you are solely responsible for any tax payable in respect of any payment you receive; and
• you will obtain independent legal or tax advice where appropriate.

6. Claim Tracking Is Self-Declared

6.1 The Services may permit you to keep a personal record of the Settlements in respect of which you have submitted a claim. That record is based entirely upon the information you provide to us.

6.2 Where you record a Settlement as claimed, you are informing us that you have submitted a claim in respect of it. We do not confirm, verify or monitor the status of any claim with any Administrator, and the information presented in your record reflects solely what you have entered, and not the official records of any Administrator. You should confirm the status of any claim through the official channels of the relevant Administrator.

7. Settlement Payments

7.1 Every payment in respect of a Settlement is made directly to you by the court-appointed Administrator or the paying party, by the method and according to the schedule determined by the Settlement and the court. We do not at any time receive, hold, process or distribute the proceeds of any Settlement, and we take no portion of any payment.

7.2 The fees for your Subscription are consideration solely for access to the settlement-discovery features described in these Class Action Terms. They are not a payment for, and do not entitle you to, the proceeds of any Settlement, and they are payable irrespective of whether you receive any payment in respect of any Settlement.

8. Assumption of Risk; Limitation of Liability

8.1 You expressly acknowledge and agree that your use of the settlement-discovery features of the Services, and any decision to submit, to resubmit or not to submit a claim, is at your sole risk. You assume all risk associated with the submission and outcome of any claim, including any claim that is denied, reduced, delayed or unpaid, and any consequence of a missed deadline, of an inaccurate submission, or of reliance upon any information regarding a Settlement or any estimate made available through the Services.

8.2 The disclaimers of warranty, the limitations and exclusions of liability, the indemnity, the release, and the provisions regarding dispute resolution, governing law and the time limit for claims set out in the Terms of Use apply to these Class Action Terms and to the settlement-discovery features of the Services, and are incorporated into these Class Action Terms by this reference.

9. Changes and Contact

9.1 We may amend these Class Action Terms at any time and from time to time, in the manner and with the effect described in the Terms of Use. Your continued access to or use of the Services after an amendment takes effect constitutes your acceptance of these Class Action Terms as amended.

9.2 Questions regarding these Class Action Terms may be addressed to Ferrix Labs Inc. (Canada) by email at collect@ferrixlabs.com.