Tesla Class Action Lawsuit Over Range Inflation

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.


The advent of electric vehicles (EVs) has ushered in a new era of automotive innovation. With its sleek designs, cutting-edge technology, and commitment to sustainability, Tesla has transformed the transportation landscape. However, amidst the excitement surrounding these electric marvels, concerns have emerged regarding the accuracy of the claimed ranges. This discrepancy has led to a class action lawsuit against the company for range inflation. Ethen Ostroff Law recognizes the complexities involved in seeking justice in cases like these. So, we explore the intricacies of the Tesla class action lawsuit over range inflation, discuss its implications for consumers, and outline how our legal team advocates for individuals affected by corporate negligence or misconduct.

Tesla's Innovation and the Rise of EVs

Tesla Class Action Lawsuit

Tesla has truly led the way in the EV revolution. Under the guidance of CEO Elon Musk, the company has rolled out a range of EVs that blend cutting-edge technology with sleek design and sustainable energy solutions. From the groundbreaking Model S to the more budget-friendly Model 3, Tesla has caught the attention of consumers worldwide, completely changing how we think about cars.

One of the standout features of Tesla vehicles is their claimed range on a single charge. The impressive numbers have given people a lot of confidence in the practicality of EVs as a real alternative to traditional gas-powered cars. However, there have been some concerns raised about whether these claimed ranges are accurate. This has led to some owners saying that Tesla might be stretching the truth a bit.

The Issue of Range Inflation and Its Real-life Impact

Range inflation occurs when a vehicle’s ability to travel on a single charge is exaggerated. With Tesla, some drivers have noticed differences between the claimed range and what they actually experience on the road. This gap has significant consequences for drivers, affecting their ability to plan trips, manage charging times, and trust the information provided by the manufacturer.

For people who depend on their vehicles for daily commutes or long journeys, inaccurate range estimates can cause inconvenience, frustration, and even safety worries. It also prompts questions about honesty and responsibility in the automotive industry, especially for companies like Tesla, known for their innovation and dependability.

The Reuters Investigation Into Tesla Driving Range Claims

In a Reuters article dated July 27, 2023, it was revealed that Tesla manipulated the dashboard readouts in its electric cars to display overly optimistic projections of the vehicles’ driving range. The company designed algorithms for its range meter to show drivers exaggerated estimates of how far they could travel. Interestingly, once the battery dropped below 50% of its maximum charge, the algorithm would then display more realistic projections for the remaining range. Additionally, Tesla reportedly established a clandestine team to suppress numerous driving range complaints from consumers. Although the study did not disclose the tested brands, it highlighted that three Tesla models performed the worst, failing to meet their expected driving ranges. Furthermore, between 2022 and 2023, Recurrent, a Seattle-based EV analytics company, tested over 8,000 Tesla’s and found that the cars’ dashboard range meters did not adjust their estimates to account for hot or cold weather conditions, which can significantly reduce the range. Reuters’ findings suggested that Tesla’s models consistently overestimated their driving capabilities.

Tesla Range Claim

One of the first things we consider when we think about EVs is how far we can go on a single charge. Tesla has always emphasized impressive range estimates as a key selling point. But sometimes, the actual mileage drivers get falls short of these lofty claims.

Tesla’s cars prominently display real-time range estimates, giving drivers a sense of how far they can go on one charge. But behind these estimates is a complicated process. While the Environmental Protection Agency (EPA) has rules for testing and reporting EV range, Tesla’s testing often shows more optimistic numbers than what drivers experience.

A detailed investigation by Reuters found that Tesla tends to give overly optimistic range projections, setting drivers up for disappointment. This exaggeration has raised concerns among both customers and regulators, leading to audits and investigations.

To handle complaints about range discrepancies, Tesla reportedly set up a special team to deal with service appointments and calm unhappy customers. Their tactics, like canceling appointments and avoiding diagnostic tests, were meant to save money while still giving the impression of great range.

But now, agencies like the EPA and authorities in South Korea are taking notice. Recent audits pushed Tesla to adjust their range estimates to be more accurate. Fines from South Korean regulators, along with admissions from company executives, also show how serious the situation is. Finally, studies have shown that some Tesla EVs do not perform as well in real-world driving as they are advertised to. This gap between what’s promised and what’s delivered highlights the need for honesty and accountability in how cars are advertised.

The Tesla Class Action Lawsuit

A group of Tesla owners filed a class action lawsuit against the company on August 2, 2023, in the U.S. District Court for the Northern District of California. They are concerned about Tesla overstating the range of its vehicles in its advertising. The lawsuit claims that Tesla’s ads misled buyers into thinking their EVs could travel farther on a single charge than they actually can.

The plaintiffs, James Porter, Bryan Perez, and Dro Esraeili Estepanian, accuse Tesla of consumer fraud and false advertising. They bought Tesla EVs expecting a certain driving range but found out they were not getting what Tesla promised. Despite their complaints, Tesla said everything was fine. Tesla never told them the advertised range was exaggerated or that it required the vehicle to be fully charged to 100% battery.

The plaintiffs want to represent a larger group: All persons in California who purchased a new Tesla Model 3, Model S, Model Y, and Model X vehicle. They are seeking compensation for the money they spent due to Tesla’s misleading range claims. They also want it to provide accurate and clear information about its vehicles’ range in the future.

 

Causes of Tesla Range Lawsuit

Below are the ten grounds for legal action outlined in the Tesla class action suit concerning range inflation:

  • Breach of Express Warranty: This accuses Tesla of breaking promises it made to customers about the range of its vehicles.
  • Breach of Implied Warranty: This claims Tesla didn’t provide vehicles with the range it advertised, going against implied promises of quality and suitability.
  • Violations of the Magnuson-Moss Warranty Act: This alleges Tesla didn’t meet its obligations under warranty laws, both written and unwritten.
  • Violations of the Song-Beverly Consumer Warranty Act: This says Tesla violated California’s laws protecting consumers who buy products with warranties.
  • Fraud: This accuses Tesla of deceitfully lying to customers about how far its vehicles could go on a single charge.
  • Negligent Misrepresentation: This says Tesla made false statements about its vehicles’ range, which they should have known were untrue.
  • Violations of the California Consumer Legal Remedies Act: This claims Tesla broke California’s laws against unfair and deceptive business practices.
  • Violations of the California Unfair Competition Law: This accuses Tesla of cheating in business by falsely advertising the range of its vehicles, giving it an unfair advantage.
  • Violations of the California False Advertising Law: This alleges Tesla broke California’s laws against false advertising by spreading lies about its vehicles’ range.
  • Unjust Enrichment: This claims Tesla unfairly benefited from customers who bought its vehicles based on false information about their range.

Eligibility for the Tesla Class Action Lawsuit

The specific eligibility criteria for joining the Tesla class action lawsuit over range inflation are not provided. However, here are the general eligibility criteria:

  • Tesla ownership: If you bought or leased a Tesla vehicle within a certain time period or in specific locations, you might be eligible.
  • Proof of harm: You must have suffered harm by relying on Tesla’s misrepresented range claims.
  • Act quickly: There’s typically a deadline for joining, so don’t delay if you meet the criteria.
  • Prepare documentation: Be ready to provide evidence of your Tesla purchase or lease, along with any other relevant documents.
  • Consider location: The lawsuit may only include Tesla owners from certain areas.

Tesla exaggerated its electric vehicles’ range estimates as a sales tactic. California Tesla buyers affected by this may be eligible to join. The lawsuit exposes how Elon Musk and Tesla manipulated range projections and suppressed customer complaints. It is wise to consult with a lawyer or the lawsuit’s attorneys to ensure you qualify and understand the joining process. Stay updated on the lawsuit’s progress to know your options.

Joining the Tesla Class Action Suit

To join the class action lawsuit against Tesla, follow these steps:

  • Check eligibility: Verify if you qualify based on when and where you got your Tesla and if you were affected by Tesla’s actions.
  • Contact attorneys: Reach out to the class action lawyers. They will advise you on the next steps and may ask for supporting documents.
  • Opt-in or register: You might need to formally join by completing the provided form.
  • Provide evidence: Be ready to submit documents like your Tesla purchase or lease agreement.
  • Stay updated: Keep informed about the lawsuit’s progress through updates from the attorneys.
  • Consider legal advice: Seek guidance from a class action lawyer if you’re unsure about your rights or what to do next.

By following these steps and working with the attorneys, you can take the necessary steps to join the Tesla range lawsuit if you believe you have a valid claim.

Possible Compensation in the Tesla Class Action

Compensation in the Tesla class action over range inflation may include:

  • Damages for financial loss: Compensation could cover additional charging expenses or depreciation due to misrepresented range capabilities.
  • Injunctive relief: The court may require Tesla to provide accurate range information in the future, preventing consumer deception.
  • Legal fees and costs: Reimbursement for expenses related to the lawsuit.
  • Punitive damages: In severe cases, punitive damages might be awarded to discourage similar misconduct.
  • Refunds or partial refunds: Refunds for the gap between advertised and actual vehicle range.

Compensation specifics will vary based on the lawsuit’s outcome and individual circumstances. It’s crucial for affected parties to seek legal advice for personalized guidance.

Why You Should Choose Ethen Ostroff Law

The Tesla class action lawsuit regarding range inflation underscores the need for transparency in the automotive industry. If you’re experiencing issues related to Tesla’s range inflation or feel misled by their marketing, Ethen Ostroff Law is here to support you. Our team specializes in assisting consumers in complex legal battles against profit-driven corporations like Tesla. Reach out to Ethen Ostroff Law today for a complimentary consultation.

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.