Swimming Pool Recall Over Child Deaths and Drownings

Get Your Free Case Review

Find out if you qualify for compensation and learn your next steps – no cost, no obligation, just expert legal guidance.

Disclaimer: By submitting the form above and checking the consent box, you agree to our conditions and privacy policy and permit Ethen Ostroff Law to contact you via text messages, phone calls. Standard message rates may apply.


Get Your Free Case Review

Find out if you qualify for compensation and learn your next steps – no cost, no obligation, just expert legal guidance.

Disclaimer: By submitting the form above and checking the consent box, you agree to our conditions and privacy policy and permit Ethen Ostroff Law to contact you via text messages, phone calls. Standard message rates may apply.


Have a new pool for your backyard? Before you start filling it, double-check which one you have. A recent swimming pool recall has pulled several models from Bestway, Intex, and Polygroup off the market after safety issues were discovered. Safety concerns have led to thousands of above ground pools being pulled from store shelves and homes across the U.S. and Canada. For families who already set these up, the recall raises important questions. What’s wrong with these pools? What should you do if you own one? And if someone gets hurt because of a defective pool, who’s responsible?

Swimming Pool Recall

CPSC Recalls Above Ground Pools

On July 21, the U.S. Consumer Product Safety Commission (CPSC) announced a massive above ground pool recall, affecting nearly 5 million Bestway, Intex, and Polygroup pools sold across the U.S. and Canada. These 48-inch and taller Intex above ground swimming pools, Bestway above ground pools, and Polygroup-branded models use compression straps—bands that wrap around the pool outside the support poles.

While those straps were designed to help keep the pools stable, they also create footholds that make it easy for small children to climb over the wall, even when the ladder is removed. Sadly, CPSC has linked at least nine drownings involving children as young as 22 months to three years old to this design, with incidents reported in California, Texas, Florida, Michigan, Wisconsin, and Missouri.

These recalled pools, sold since 2002 through major retailers like Walmart, Target, Sears, Lowe’s, Kmart, Sam’s Club, The Home Depot, Big Lots, Costco, BJ’s, and online through Amazon, Wayfair, and the brands’ websites, cost anywhere from $400 to over $1,000 depending on size and accessories. Another 266,000 units were sold in Canada.

Which Pools Are Part of the Recall?

The above ground pool recall covers several popular models from Bestway, Intex, and Polygroup. These pools, all 48 inches or taller, have a design flaw in the straps wrapped around their support poles. Those straps, meant to stabilize the pool, can double as steps—making it easy for small children to climb in, even when a ladder isn’t there.

Here’s a breakdown of the affected brands and model lines:

Bestway and Coleman (Sold 2008–2024):

  • Power Steel 
  • Steel Pro 
  • Coleman Power Steel

Intex (Sold 2002–2012):

  • Metal Frame Pools 
  • Ultra Frame Pools

Intex (Sold Exclusively at Intexcorp.com and Walmart, 2024–2025, 266 units):

  • Prism Frame Pool 
  • Ultra XTR Frame Pool

Polygroup (Sold 2006–2025):

  • Summer Waves (2015–2025) 
  • Summer Escapes (2006–2015) 
  • Funsicle (2023–2025) 
  • Sand n Sun (2008–2011) 
  • Blue Wave (2014–2025)

What to Do If You Have a Recalled Pool

Not sure if your pool is part of the swimming pool recall? Take a look at the liner on the outside of your pool—most brands print the name and model there. Match that information with the list of recalled Bestway, Coleman, Intex, or Polygroup models. If it’s 48 inches or taller and shows up on that list, it’s included.

If you do have a recalled pool, contact the manufacturer—Bestway, Intex, or Polygroup—to get a free repair kit. The kit includes a rope that replaces the dangerous compression strap and removes the foothold hazard.

Until the repair is installed, make sure kids can’t access the pool unsupervised. If that’s not possible, the safest option is to drain the pool until the fix is in place.

How to Get Your Pool Fixed

If your pool is included in the above ground pool recall, you’ll need to reach out to the manufacturer for your free repair kit. Here’s how to contact each company:

Bestway

  • Call toll-free: 844-593-4003 (Monday–Friday, 8 a.m.–5 p.m. ET) 
  • Online: BWrecallsupport.expertinquiry.com 

Intex

  • Call toll-free: 800-549-8829 (Monday–Friday, 8:30 a.m.–5 p.m. PT) 
  • Online: Intexcorp.com/recall 

Polygroup

  • Call toll-free: 888-621-4137 (Monday–Friday, 5 a.m.–11 p.m. MT) 
  • Online: Polygrouprecall.com 

If you’ve already requested a repair but aren’t getting a response—or if a company isn’t following through—you can report the issue directly to the CPSC using this form.

Injuries Families Are Seeing

Not every case tied to these recalled pools has been fatal, but even near-drownings can leave kids with serious health problems. Some parents have shared that their children came away with:

  • Brain damage after being underwater long enough to cut off oxygen 
  • Breathing troubles, sometimes so severe that they needed machines to help them recover 
  • Fear and panic around water that didn’t go away once they were physically healed 
  • Weeks or months of doctor visits and therapy, which can be overwhelming and expensive

And in some of the worst cases, parents are left grieving the loss of their child while trying to figure out how to cover funeral costs and everything else that follows.

Legal Options for Families After the Swimming Pool Recall

If a recalled pool led to a serious injury—or even the death of a child—families may be able to hold the manufacturer accountable. These cases often point to several problems, including:

  • The way the pool was built. Those compression straps, for instance, ended up working like built-in steps for kids. 
  • Many parents said they didn’t see any clear warning about that risk, so they had no reason to think the straps could be dangerous. 
  • Some believe these pools weren’t properly tested before being sold, especially given how long this issue went unnoticed. 
  • And when drownings started happening, the recalls didn’t roll out right away, which meant more families were put at risk.

Manufacturers are supposed to make products that are safe for families to use in their own backyards. When a pool puts children in harm’s way and someone ends up injured or worse, those companies can be held financially responsible for the toll these tragedies take.

What to Do If Your Child Was Hurt by a Recalled Pool

If your child’s injuries were tied to the pool’s design, you may be able to file a product liability claim. In many cases, families can take legal action when a defective product causes harm—even if the company didn’t anticipate exactly how the injury would happen. Claims like these often center on:

  • Defective design, where the compression straps ended up working like footholds, making it easy for small kids to get into the pool. 
  • Failure to warn, if the company didn’t clearly let families know about the risks those straps posed. 
  • Negligent testing or manufacturing, when the pool was sold without proper safety checks and the company waited too long to fix or recall it after learning about the danger. 
  • Breach of duty of care for distributing a product that was unsafe by design. 
  • Wrongful death, in the most tragic cases where a child was lost.

To protect your claim, start gathering what you can. Photos of the pool set up at your home help, especially if the brand or model is visible. Hold onto any receipts, manuals, or the original packaging if you still have them.

Speak with a lawyer as soon as you can. They can walk you through your options. However, don’t wait too long. Deadlines for filing can sneak up quickly. The longer you wait, the more difficult it becomes to preserve critical evidence needed for your case.

What Families Could Be Compensated For

What a family might recover depends on how bad the injuries were, what actually happened, and how it’s changed day-to-day life. In these cases, compensation often covers things like:

  • Medical expenses, not just the first hospital bill but any follow-up care or rehab 
  • Therapy or long-term support for kids with brain injuries or lasting complications 
  • Funeral and burial costs for families who lost a child 
  • Lost income, especially if the person hurt—or a parent who passed—helped support the household 
  • Pain and suffering the child went through 
  • The emotional toll on both the child and their family 
  • The loss of a child’s companionship and comfort for grieving parents 
  • Lasting fear or anxiety survivors sometimes face after a near-drowning 
  • Punitive damages when the company’s behavior was especially reckless 
  • Whatever a settlement or jury award ends up covering if the case goes to court

Above Ground Pool Recall – Talk to Ethen Ostroff Law

If your family was affected by the above ground pool recall, Ethen Ostroff Law can help you explore your legal options. We work with families whose children were injured or lost because of these defective pools, helping them pursue compensation. Reach out today for a free consultation.

Frequently Asked Questions

Yes. A major ground above pool recall was announced for about 5 million units sold since 2002, including Bestway above ground pool models, Intex above ground swimming pools, Coleman, and Polygroup brands. The recall addresses a drowning hazard caused by compression straps on the pool frame, which act as footholds for children to climb in even without a ladder.

The Bestway pools recall, Intex pools recall, and Polygroup pool recall affect 48-inch and taller pools, covering many popular models sold at major retailers and online. These include Bestway and Coleman Power Steel and Steel Pro pools (2008–2024), multiple Intex frame pool models (2002–2012 and 2024–2025), and Polygroup’s Summer Waves, Summer Escapes, Funsicle, Sand n Sun, and Blue Wave pools (2006–2025).

If you’re concerned about contamination, look for cloudy water, a strong chemical smell, unusual colors, visible algae, or irritation after swimming—signs the pool water isn’t safe.

His career began in public service as a Surveillance Officer in Maricopa County, where he gained firsthand experience in high-stakes decision-making and developed a deep sense of discipline and accountability. He later served as Chief Operating Officer of a fast-growing law firm, driving efficiency, revenue growth, and team development. Today, Ryan focuses on helping law firms reach their full potential by aligning people, processes, and long-term vision. A strategic thinker and empowering leader, Ryan is passionate about developing others and guiding organizations through meaningful, lasting growth.

Passionate about securing legal rights, Joseph actively participates in pro bono work through various organizations, including Christian Legal Aid of Pittsburgh and the ABA Military Pro Bono Project. Licensed to practice in Pennsylvania and the U.S. District Court for the Western District of Pennsylvania, he is a member of the Allegheny County and Pennsylvania Bar Associations. Outside of work, Joseph enjoys sports, reading, and creative writing, and has been involved in rowing and curling. He resides in Mt. Lebanon, Pennsylvania, with his parents.

Success

We received your information. We’ll be in touch soon.

While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

Ethen Ostroff Law, PLLC Terms and Conditions

Effective Date: July 10, 2024

General Information

Welcome to the website of Ethen Ostroff Law, PLLC (“EO”). By accessing or using our website, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use our website.

Use

EO 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.

EO 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.

Messaging and Automated Calls

When you opt-in, you will receive text messages (SMS/MMS) on your mobile number. These messages may contain information about your case, and the message frequency may vary from user to user. Please note that message and data rates may apply. If you wish to opt out of this service, you can do so anytime by simply texting “STOP” to the phone number. Once you text “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. If you encounter any issues, you can reply with the keyword “HELP” to get assistance. Please be aware that carriers are not responsible for any delayed or undelivered messages.

By providing your phone number and submitting a form on our website, you consent to receive communications, including automated calls, texts, and pre-recorded messages, from EO and its affiliates. These communications may include updates about your case, promotional offers, and other information. You understand that these calls may be generated using automated technology, and that standard message and data rates may apply.

Your consent to receive automated calls is not a condition of any purchase or service. By checking the consent box on our contact form or by calling our firm, you agree to these Terms and Conditions and provide your written consent to receive these communications. You may opt out of these communications at any time by replying STOP to any text message or by contacting us at [insert contact information].

State-Specific Compliance

EO complies with all federal and state laws regarding automated calls and telemarketing practices. Certain states have additional restrictions on the use of automated dialing systems and pre-recorded messages. The following states have more restrictive regulations:

  • California: Requires prior express written consent for automated calls.
  • Florida: Requires prior express written consent for automated calls and texts.
  • New York: Requires prior express written consent for automated calls.
  • Texas: Requires prior express written consent for automated calls.

If you are a resident of one of these states, EO will obtain your prior express written consent before making any automated calls or sending pre-recorded messages to you.

By submitting a form inquiry or calling our firm, you agree to us contacting you, and your checking the box when submitting your form inquiry serves as written consent.

Information and Legal Disclaimer

The information contained in this website is for informational purposes only, and should not be construed as legal advice. Testimonials and case results contained in this website are for demonstrative purposes only, and do not constitute a guarantee of any particular outcome in a specific case.

By requesting a free consultation with Ethen Ostroff Law, PLLC, you agree to the following:

  • Any information I submit is for review only, and there will be no charge for the initial consultation.
  • I have not entered into an attorney-client relationship with Ethen Ostroff Law, PLLC until such time as a formal written Retainer Agreement is signed by myself and a representative of Ethen Ostroff Law, PLLC. There is no guarantee that Ethen Ostroff Law, PLLC will accept my case.
  • Any information received by Ethen Ostroff Law, PLLC, prior to the execution of a written Retainer Agreement, is not subject to the Attorney-Client Privilege and is not considered confidential.
  • Additional information may be requested in order for Ethen Ostroff Law, PLLC to make a decision on whether or not to accept my case.
  • Because no attorney-client relationship has been established, I will remain personally responsible to meet all necessary deadlines applicable to my claim, until such time as Ethen Ostroff Law, PLLC makes a final decision. I acknowledge that I have not received any representations or legal opinions with respect to any time frames or deadlines that may be applicable to my claim.

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 on 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. EO 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 EO 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”. EO 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, EO 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. EO 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 Ethen Ostroff Law, PLLC. via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. EO 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 any way, 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 EO.

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 the subject and may or may not be updated based on the last information concerning such recalls. Do not 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.

EO Is Not Responsible for Content; Limitation on Liability

EO may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. EO DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. EO 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 EO 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 EO 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 websites for the convenience of our users. EO does not endorse any of these third-party sites and does not imply any association between EO and those sites. EO does not control these third-party websites 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 websites, you do so at your own risk. EO 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.

EO Clients

Only individuals who have entered into a mutually signed retainer agreement with EO are EO clients (“EO Clients”).

Legal and Ethical Requirements

EO 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.

Ethen Ostroff Law reserves the right to refer or sell leads that come through any of Ethen Ostroff Law’s marketing.

Ethen Ostroff Law also may sell leads on certain campaigns generated in association with third party marketing companies.

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 Pennsylvania, 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 EO an unrestricted, irrevocable, perpetual, transferable, sublicensable, 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 EO and grant the licenses as described above; (b) EO 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.

EO 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 Montgomery County, Pennsylvania. 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 EO 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, our Terms of Use, 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. EO’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 EO 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 EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO 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.