DISCLAIMERS AND TERMS OF USE
Consumer Communication
To ensure that consumers’ inquiries are handled accurately, courteously, and promptly, phone calls between you and Dwyer Williams Cherkoss Attorneys or any of our affiliates, agents, case managers, paralegals, and/or attorneys may be recorded. We may from time to time make calls and/or send text messages to you at any telephone number associated with your account. The manner in which these calls or text (SMS) messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system. You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree that Dwyer Williams Cherkoss Attorneys may send emails to you at any email address you provide us, or use other electronic means of communication to the extent permitted by law.
Content Is Information Only, Not Advice
Thank you for visiting the web site or using the mobile application of Dwyer Williams Cherkoss Attorneys, P.C. and/or its affiliates (“DWC,” “we”, “us”, or “our”). These Terms of Use ("Terms of Use" or “Terms”) are a legal and binding agreement between you and DWC governing your access to and use of the website located at https://roydwyer.com, any websites that DWC maintains which link to these terms, and any mobile applications currently in use or as we may introduce from time to time (the website and mobile applications, or any portion thereof, the “Site”). The information contained on the Site is provided for educational and informational purposes only and the contents of the Site are not and should not be construed as legal advice. As is described further below, nothing on the Site is medical advice or should supplement or inform in anyway your medical decisions or a decision to seek medical advice.
The Site is not an offer to perform services on any matter. This Site contains general information from a variety of sources and might not reflect current legal developments, verdicts or settlements. We do not undertake to update material in our Site to reflect subsequent legal or other developments.
Please read our Disclaimer below, which is incorporated into these Terms, for additional limitations on the use and effect of the Site. This “Terms of Use” outlines the conditions on which the Site is made available to you. Read the Terms of Use carefully. If you use this Site, you are deemed to have agreed to these Terms of Use.
This Site is designed to be accessible to and usable by people with and without disabilities. Please call us at 541-617-0555 or email us if you encounter an accessibility or usability issue on this site.
We may update, change, modify, or revise these Terms of Use at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms of Use. Your continued access to and/or use of the Site after any such modifications constitute your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates. Please contact us as provided above if you would like information regarding any modifications. If any modification to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provision.
Use
DWC hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in accordance with these Terms of Use. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site.
DWC may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and related services, or (b) change, revise, or modify the Site and affiliated services.
Ownership and Intellectual Property Rights
The Site and DWC software, systems, technology, and know-how (“DWC Technology”) are owned by or licensed to DWC and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and Online Services are owned by or licensed to DWC and protected by U.S. and international trademark laws (collectively, the “Marks”).
Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any DWC Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any DWC intellectual property except as expressly provided in these Terms of Use. You are also advised that DWC and its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law.
Privacy Policy
Please review our Privacy Policy as posted on the Site (the “Privacy Policy”), which is incorporated herein and also governs your use of the Site, to understand DWC’s privacy practices https://www.roydwyer.com/privacy-policy/.
Restrictions on Use
You agree not to:
- reproduce, distribute, publically display, or otherwise transfer the Site;
- adapt, alter, modify, reverse engineer, disassemble, or decompile the Site;
- prepare derivative works based on the Site or any DWC technology;
- remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site;
- frame, mirror, or in-line link the Site, or incorporate into another website, application, or other service any DWC intellectual property;
- use the Site for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- interfere with any access control measures or attempt to disable or circumvent such security features;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of DWC, its licensors, or any other person or entity.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms of Use and/or applicable law.
Any unauthorized use automatically terminates the license granted to you hereunder.
No Relationship or Obligation Arises from Use of the Site
The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found the Site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained directly by you. DWC EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE. Viewing the Site, or communicating with DWC by Internet e-mail or through the Site does not constitute or create an attorney-client relationship with anyone. The content and features on the Site do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Site, including means to submit a question or information, do not constitute an offer to represent you or otherwise give rise to an attorney/client relationship.
THE SITE IS PROVIDED "AS IS”. DWC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DWC DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Accounts
To use some features of the Site, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all Submissions made from your account. You agree to notify us immediately of any unauthorized use of your login. DWC may suspend access to your account if it suspects illegal or improper use, or for other reasons, such as for account management purposes, at its sole discretion.
Confidentiality is Not Guaranteed
Information sent to Dwyer Williams Cherkoss Attorneys, P.C. via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. DWC may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.
DISCLAIMER - This Site Does Not Provide Medical Diagnosis or Advice
The content provided on the Site, such as documents, text, graphics, images, videos, news alerts, pharmaceutical drug recalls, prescription medication history, or information on litigation concerning the foregoing topics, or other materials, is for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice, alter a prescription plan in anyway, or delay or refrain from seeking medical advice because of something you have read or seen on the Site. Links to other sites are provided for information only. Use of trade names is for identification only and does not constitute endorsement by DWC.
Without limiting the generality of the foregoing, the Site may present information about pharmaceutical drug recalls, which is for information purposes only. Such information is not necessarily the most current information on subject and may or may not be updated based on the last information concerning such recalls. Do not make any make any decisions regarding medication or medical providers based on information from the Site including but not limited to information we provide about drug recalls.
DWC Is Not Responsible for Content; Limitation on Liability
DWC may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. DWC DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. DWC assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall DWC or any other party involved in the creation, production or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL DWC BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.
Third-party Web Sites
The Site contains links to third party web sites for the convenience of our users. DWC does not endorse any of these third party sites and does not imply any association between DWC and those sites. DWC does not control these third party web sites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such web sites, you do so at your own risk. DWC is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.
State Laws Vary
DWC has lawyers that are licensed to practice law. DWC may refer prospective clients to other law firms located throughout the country, who form relationships with DWC, and are experienced in handling such cases. DWC may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation. The laws of each State are different. The Site contains information about general or common rules that apply in some states. The Site also contains information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your state or any particular state. The Statute of Limitations is especially important. Every state has laws called the “statute of limitations” which set a deadline to file a lawsuit. That means that a lawsuit filed too late may be thrown out, regardless of the defendant’s fault or the severity of the injuries. Some states have a two-year period for negligence injury claims; the time period in other states may be longer or shorter. Insurance policies, particularly homeowners insurance, may require that suit be filed within one year of a loss. Some states allow claims against government agencies, but require a written notice very soon after the accident, perhaps within three months. Because investigation and research is needed to identify all possible defendants and theories of recovery, if you have an accident or injury, you should consult a lawyer as soon as possible.
DWC Clients
Only individuals who have entered into a mutually signed retainer agreement with DWC are DWC clients (“DWC Clients”). Certain portions of the Site designated as such by DWC, such as the “My Case” feature of the mobile application, may be available for use only by DWC Clients. When DWC Clients use such portions of the Site designated by DWC to communicate with us pursuant to our representation of a DWC Client, we will ensure that any information provided pursuant to such attorney/client relationship may not be shared with third parties except as is done with such precautions to preserve the confidentiality of the relevant information and any attorney/client privilege as may attach to such information. DWC takes commercially reasonable measures to secure and protect the information that we collect.
Legal and Ethical Requirements
DWC has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements. To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for the Site, Dwyer Williams Cherkoss Attorneys, P.C. designates its office in Bend, Oregon (USA), 1558 SW Nancy Way, Suite 101, Bend, OR 97702, and attorney Tim Williams.
Advertising Disclosures
Some materials on the Platform may constitute lawyer advertising. The choice of a lawyer is an important decision, and it should never be based solely upon an advertisement. Before making your choice of any attorney, you should give this matter careful thought. The selection of an attorney is an important decision. Cases will be handled by attorneys licensed in the local jurisdiction.. Before you decide, you may ask us to send you free written information about our qualifications and experience. FREE BACKGROUND INFORMATION IS AVAILABLE UPON REQUEST. No representation is made that the lawyers are certified specialists or experts in any field of law. And no representation is made that the legal services to be performed are greater than the quality of legal services performed by other lawyers. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. No representation is made here about your specific rights. Every case is different and must be judged on its own merits. Prior results do not guarantee a similar outcome. Contingent attorney fees are negotiable and not set by law. Costs and fees are charged only upon monetary recovery. Not available in all states. Cases may be handled in association with, or referred to, other law firms as co-counsel or referral counsel.
1558 SW Nancy Way, Suite 101
Bend, OR 97702
Phone: 541-617-0555
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590 Pearl Street, Suite 300, Unit 270
Eugene, OR 97401
Phone: 541-341-1625
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23 Newtown St
Medford, OR 97501
Phone: 541-842-4555
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777 NE 7th St, Ste. 106
Grants Pass, OR 97526
Phone: 541-471-8994
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727 SE Cass Ave #221
Roseburg, OR 97470
Phone: 541-677-9648
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111 SW Columbia Street, Suite 710
Portland, OR, 97201
Phone: 503-688-5005
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Governing Laws in Case of Dispute; Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.
Submissions
You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant DWC an unrestricted, irrevocable, perpetual, transferable, subliscensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to DWC and grant the licenses as described above; (b) DWC will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.
DWC takes no responsibility and assumes no liability for any Submission.
Arbitration
Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Oregon. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.
International Use
The Site is controlled, operated, and administered by DWC from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.
Other Terms
If, for any reason, a Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. DWC’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by DWC hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between DWC and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, except that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between DWC and DWC Clients.
DWC may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.
Transparency In Coverage Rule
For Employees Only
This link leads to the machine-readable files that are made available in response to the federal Transparency in Coverage Rule and includes negotiated service rates and out-of-network allowed amounts between health plans and healthcare providers. The machine readable files are formatted to allow researchers, regulators, and application developers to more easily access and analyze data.
https://www.cigna.com/legal/compliance/machine-readable-files
Copyright
Copyright ©1998-2020 Dwyer Williams Cherkoss Attorneys, P.C. All rights reserved. All materials presented on this site are copyrighted and owned by Dwyer Williams Cherkoss Attorneys, P.C., unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.