Ultra-processed foods are everywhere—convenient, heavily marketed, and often found in school lunches or your pantry at home. But now, more and more families are connecting the dots between these foods and serious health problems in children, including type 2 diabetes, non-alcoholic fatty liver disease (NAFLD), and obesity. If your child has been diagnosed with one of these conditions and their diet included a regular intake of these products, you may be eligible to file an ultra processed foods lawsuit. At Ethen Ostroff Law, we’re investigating claims from parents across the country whose kids have developed health issues after consuming ultra-processed foods. Some of the biggest food manufacturers—like Nestlé, Kraft, Coca-Cola, and PepsiCo—are now facing legal action for allegedly creating and marketing addictive foods without warning families of the risks. If you’re wondering whether your child’s condition might be linked to these products, we’re here to help you understand your options and take action.
Chances are, you’ve had ultra-processed foods (UPFs) more times than you can count. Think chips, frozen pizzas, colorful cereals, and sodas—they’re everywhere. These foods usually don’t come from your kitchen. They come from factories, and by the time they hit the shelves, they’ve been through a ton of changes.
Instead of using real, whole ingredients, most of them are made with stuff like refined starches, oils, added sugar, and chemicals to make them last longer or taste a certain way. You’ll find ingredients in there you’d never cook with—artificial preservatives, fake flavors, dyes, you name it.
UPFs are made to be super convenient, cheap, and honestly, kind of addictive. But the downside? They usually don’t offer much nutrition, and eating a lot of them—especially over time—can mess with your health, especially for kids.
There’s no exact rule that defines what makes something “ultra-processed,” but if it looks nothing like the food it started from or the ingredient list sounds like a science project, it probably falls in that category.
UPFs usually have a few things in common—and all of them bad for your health. They usually:
You can find UPFs almost anywhere—grocery store aisles, drive-thru windows, school lunchrooms, and even vending machines. They’re often quick, inexpensive, and easy, making them a go-to for busy families or kids on the go. But take a closer look behind the packaging, and you’ll see a lot of ingredients you probably wouldn’t keep in your own kitchen.
Some of the most common UPFs include:
Even foods that seem like healthier choices—like fruit-flavored yogurt—can fall into the ultra-processed category once you check the label. If it’s made for convenience, shelf life, and flavor over actual nutrition, it’s mostly ultra-processed.
Let’s be real—most of us grab ultra-processed foods because they’re quick, cheap, and honestly, kind of addictive. But when these foods become a regular part of your routine, they can seriously mess with your health.
Here’s what the research is showing:
And that’s not all. These foods have also been tied to:
Bottom line? Eating UPFs every once in a while isn’t the end of the world. But if they’ve become your everyday go-to, it’s worth paying attention. Swapping some of them out for real, whole foods—even just a little at a time—can make a substantial difference for your health in the long run.
When you take a closer look at the labels on UPFs, you’ll often find a long list of ingredients you’ve probably never used in your own kitchen. Sure, these additives are designed to make foods last longer, taste better, or look more appealing—but some of them might be doing more harm than good.
Here’s a list of some additives often found in UPFs:
It’s not about avoiding every single additive forever. However, the more you know, the easier it gets to spot the red flags and make better calls for yourself and your family. If you can’t pronounce half the ingredients on the label, that might be your cue to put it back on the shelf.
Kids aren’t just smaller versions of adults—their bodies and brains are still growing, which makes them especially sensitive to what they eat. That’s why UPFs can hit them harder. And with so many of these products marketed directly to kids, it’s a growing concern.
Research keeps sounding the alarm. A 2025 study in Current Nutrition Reports found that high intake of UPFs in children was tied to higher BMI, waist size, cholesterol, triglyceride levels, and blood sugar. The researchers even pointed out that since childhood obesity and UPFs are so closely linked, public health efforts to limit them should be a top priority.
A 2024 study published in JAMA Network Open echoed those concerns. Kids who consumed more UPFs had higher BMIs, higher blood sugar, and lower levels of HDL—the “good” cholesterol. But the good news? Just swapping 100 grams of ultra-processed food with more natural options was associated with better numbers across the board.
Back in 2023, The Journal of Pediatrics reported similar patterns. The study connected high UPF consumption to a range of health issues in kids and teens—including obesity, heart concerns, lack of physical activity, and even gum disease.
Big food companies know exactly what they’re doing—and kids are often their main target. UPFs are marketed in ways that are hard for kids to resist, from colorful packaging to catchy ads on TV, social media, and even in schools. And despite knowing the serious health risks tied to their products, these companies continue to spend billions of dollars a year on marketing directly to children.
The tactics are strategic and aggressive. Bright boxes, cartoon mascots, misleading “health” claims, and branded fast-food chains have all been part of the plan. Minority communities have been especially targeted, echoing strategies once used by the tobacco industry.
Food industry executives once sat in on a private meeting where they were warned about the long-term damage their products could cause—especially to children. But instead of changing course, they doubled down. Rather than taking responsibility, they deflected blame and kept pushing ultra-processed foods harder than ever.
Right now, the FDA allows around 10,000 food additives in products sold across the U.S.—a huge contrast to the 411 approved by the European Union. That gap has raised serious concerns from doctors, public health groups, and lawmakers alike, who say the FDA isn’t doing nearly enough to protect consumers.
The issue runs deeper when you look at how these additives are approved. About half of them are labeled “Generally Recognized As Safe” (GRAS), but that label doesn’t always mean the FDA reviewed them. In fact, most GRAS determinations are made by the food companies themselves. One review by the Environmental Working Group found that 99% of the 766 additives introduced between 2000 and 2021 were self-reported as GRAS—letting them skip any formal FDA evaluation.
The concern? If a company stands to profit from an additive, there’s little incentive to admit it might not be safe for everyday use. And without real oversight, consumers are left in the dark about what they’re really eating.
Lawsuits against UPF manufacturers are starting to gain traction. These legal cases focus on how UPFs contribute to serious health problems and how food companies have marketed them—especially to kids—despite knowing the risks.
One of the first lawsuits of its kind was filed in Philadelphia by a teenager named Bryce Martinez. He developed type 2 diabetes and non-alcoholic fatty liver disease at just 16 years old. The ultra processed foods lawsuit names 11 major food companies, including Kraft Heinz, Coca-Cola, and Nestlé. It accuses them of making UPFs deliberately addictive and promoting them aggressively to children. The lawsuit highlights serious concerns about how these companies promoted their products, raising questions about negligence, misleading marketing, and questionable business practices.
It draws a clear comparison to how the tobacco industry once operated—downplaying health risks while continuing to push harmful products. Many in the legal world see this ultra-processed food lawsuit as the start of something bigger, with the potential to grow into a mass tort involving more families and more companies.
Lawyers are encouraging families affected by UPF-related health issues—like obesity, type 2 diabetes, and fatty liver disease—to come forward and explore their legal options.
The first ultra processed foods lawsuit names the following 11 major food companies:
These companies are some of the biggest names in the processed food industry. While their products are widely available and heavily marketed, concerns continue to grow over the health impact of what they’re putting on store shelves.
The companies named in the ultra-processed food lawsuit are behind many well-known products. While these specific items aren’t named in the case, they’re examples of the kinds of UPFs these companies produce:
These are just some of the UPFs that millions of people eat every day—often without realizing what’s really in them.
In the ultra-processed foods lawsuit filed in December 2024 in Philadelphia against major food corporations, including Kraft Heinz, Mondelez, and Coca-Cola, the plaintiff alleges that these companies have:
When it comes to an ultra-processed food lawsuit, plaintiffs often base their claims on several important grounds, each reflecting the serious consequences of these products. Here’s a breakdown:
The idea is to hold these companies accountable for putting profit over the health and well-being of their consumers, especially the most vulnerable—children.
April 1, 2025: A Pediatric Obesity study found that kids who consume large amounts of UPFs are up to 61% more likely to become obese. This highlights the need to improve children’s diets to prevent obesity and related health issues like diabetes.
March 19, 2025: A JAMA study found that kids who eat plenty of UPFs are more likely to develop obesity and related health problems. The risk is especially high for boys, leading many parents to take legal action against food companies.
March 4, 2025: A review in the International Journal of Epidemiology showed that consuming too many UPFs raises the risk of death from various diseases, including heart disease and depression.
February 27, 2025: Bryce Martinez expanded his lawsuit against UPF manufacturers, accusing them of creating harmful products and marketing them to children. His case is part of a larger movement to hold food companies accountable for health problems linked to UPFs.
February 12, 2025: A Lancet study found that consuming large amounts of UPFs increases the risk of death from conditions like heart disease. The study followed 427,000 participants over almost 16 years.
January 18, 2025: Researchers warned that the rise in type 2 diabetes is connected to higher UPF consumption. They’re calling for more research to help people make healthier choices and lower their risk of chronic conditions.
January 14, 2025: A study found that 70% of food sold in stores like Walmart and Whole Foods is ultra-processed. A new website has been launched to help consumers identify which foods to avoid.
December 10, 2024: Bryce Martinez filed the first ultra processed foods lawsuit against companies like Kraft Heinz and Coca-Cola. He claims their products led to his diabetes and liver disease and were marketed to children.
November 2024: The Dietary Guidelines Advisory Committee confirmed that UPFs are contributing to rising obesity rates in both kids and adults, increasing the risk of serious health conditions like heart disease and diabetes.
If you’re thinking about taking legal action against a company for the harm caused by UPFs, here’s a simple guide to help you get started:
To file a lawsuit over health problems caused by UPFs, you generally need to meet these requirements:
The rules may change as lawsuits move forward, so it’s best to consult a lawyer at Ethen Ostroff Law to get the most up-to-date info and make sure you don’t miss out on compensation.
The amount of compensation in a lawsuit over UPFs depends on the severity of your injury. In these lawsuits, you may be able to recover different types of damages, such as:
Ethen Ostroff Law‘s UPF lawyers will look into your case and help calculate the damages you may be entitled to.
The statute of limitations for filing a lawsuit concerning UPFs varies by state. In Pennsylvania, for example, the time limit to file a product liability or consumer protection claim is typically two years from the date you discover the harm or injury. You generally lose the right to take legal action once this period has passed. Consult with Ethen Ostroff Law promptly to ensure you don’t miss this window.
Big food companies often put profits first, selling UPFs that are linked to serious health issues like cancer, diabetes, and heart disease. At Ethen Ostroff Law, we care about the harm these foods cause—we’re holding companies accountable for making them. If you or someone you care about has experienced health problems because of these foods, give us a call for a free case evaluation. It won’t cost you anything to see if you qualify.
Here are nine ultra-processed foods to steer clear of:
These foods are associated with increased risks of obesity, heart disease, diabetes, and other health issues due to their high content of unhealthy ingredients.
Many global companies make UPFs. Some of the biggest ones include:
These companies make foods often linked to health problems due to unhealthy additives and low nutritional value.
Cutting out UPFs can really have an influence on how you feel. Many people notice weight loss, more energy, and even a boost in their mood after reducing UPFs. It also helps cut down on sugar and unhealthy fats, letting you find a better balance in your diet. Plus, it lowers the risk of things like obesity, type 2 diabetes, and heart disease and can even improve your gut health. Overall, ditching UPFs can lead to a healthier, happier you, both inside and out.
Peanut butter isn’t really considered ultra-processed unless it has extra stuff like preservatives or stabilizers. Most peanut butters are just ground peanuts with a bit of salt or sugar, so they’re not highly processed. But some brands add things like stabilizers, which makes them more processed. Natural peanut butter, with just peanuts (and maybe a pinch of salt), isn’t ultra-processed, but it’s still considered processed because of how it’s made.
Here are five examples of UPFs:
These foods are convenient but come with health risks due to their high levels of unhealthy additives and low nutritional value.
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.
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.
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:
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:
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.
