REDWELL TERMS
OF USE POLICY

Version 1.0

Updated and effective February 20, 2024

Welcome to Redwell. The following Terms of Use apply to your use of any and all of Redwell’s services and products. 
RoboLawyer, Inc., DBA as Redwell (“RoboLawyer,”, “Robo Lawyer,”, “Redwell,” “we,” “us,” “our”) provides legal technology services and software. This document contains the Terms of Use (the “Terms”) governing your use of RoboLawyer’s services and products, websites, artificial intelligence technologies (“AI”), applications, plug-ins, add-ons, components, programs and any other services specified in any mutually executed order form (collectively, the “RoboLawyer Services” or “Services”). 

PLEASE READ THE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE. THIS MEANS THAT IF ANY DISPUTES ARISE BETWEEN YOU AND THE COMPANY, YOU WILL HAVE TO GO THROUGH BINDING AND FINAL ARBITRATION RATHER THAN TAKING THE COMPANY TO COURT. UNDER THE ARBITRATION AGREEEMENT:

  1. INDIVIDUAL CLAIMS ONLY: YOU CAN ONLY BRING FORWARD A CLAIM AGAINST THE COMPANY AS AN INDIVIDUAL. YOU ARE NOT ALLOWED TO BE PART OF A CLASS ACTION LAWSUIT OR PARTICIPATE IN ANY KIND OF GROUP OR CLASS CLAIM AGAINST THE COMPANY.
  2. INDIVIDUAL RELIEF ONLY: EVEN IF YOUR CLAIM IS SUCCESSFUL THROUGH ARBITRATION, YOU CAN ONLY RECEIVE COMPENSATION OR REMEDIES (LIKE MONETARY COMPENSATION OR AN ORDER TO CHANGE A POLICY) ON AN INDIVIDUAL BASIS. YOU CANNOT RECEIVE RELIEF AS PART OF A CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AS A PLAINTIFF OR CLASS MEMBER.

1. ACCEPTANCE OF TERMS

By accessing or using this website or mobile application (the "Platform") in any way or form, you agree to be legally bound by these Terms of Use. Please read them carefully.  This agreement remains in full force and effect while you use the Platform.  This includes any use of Services during a proof of concept or other product trial (“Evaluation”). If you do not accept and agree to these Terms, you may not use the Platform.  
The Platform is only for people who are at least 18 years old. By using the Platform, you warrant and represent that you are at least 18 years old and have the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least 18 years old, you are prohibited from using the Platform.

2. CHANGES TO TERMS

We may update these Terms at any time by posting the revised Terms on the Platform. We will notify you of changes by posting the new Terms and updating the “Last Updated” date at the top of this page. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of the changes.

3. RELATIONSHIP WITH PLATFORM PROVIDER

The Platform is owned and operated by RoboLawyer, Inc. By accepting these terms, you acknowledge and fully understand that RoboLawyer, Inc. is not a law firm, does not practice law, and does not give legal advice, recommendations, opinions, representations, referrals or counseling. No attorney-client relationship or privilege is created by your use of the Platform.
The document templates, general information, and other content provided through the Platform are for informational and educational purposes only. They are not a substitute for the advice of an attorney. RoboLawyer, Inc. recommends you consult with an attorney to obtain advice with respect to any particular legal matter or issue. Your access to and use of the Platform does not create an attorney-client relationship with RoboLawyer, Inc. or any of its lawyers.

4. ACCESSING THE PLATFORM AND ACCOUNT SECURITY

You are responsible for taking reasonable steps to maintain the confidentiality and security of your login credentials for your account. You agree not to share your credentials with any third party. You agree to immediately notify us if you know or have reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised.
We reserve the right to take any and all action we deem reasonable or necessary to maintain the security and integrity of the Platform, including terminating your account, changing your password, or requesting additional information to authorize transactions on your account. We are not liable to you for any unauthorized access to your account or any loss or damage arising from unauthorized access.

5. CHANGES TO THE PLATFORM

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Platform (or any features or parts thereof) at any time without notice. We may release certain features or services dependent on various factors, including user feedback and data about feature usage and performance. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Platform or any part thereof.

6. FEES AND PAYMENT

SUBSCRIPTION FEES 

Some parts of the services may be available on an automatically renewing subscription basis (each, a “Subscription” for the Services”) where you pay recurring fees (“Subscription Fees”). The subscription fees are listed on our website in the Subscription Terms, which are incorporated as part of this agreement. We can decide to offer parts of the services on a subscription or remove them from subscription at our own discretion. We can also change the subscription fees at any time. If we change the fees, we will update the online Subscription Terms. Any changes to the Subscription Terms will take effect in the subscription period after we notify you, as described in this agreement. However, if we have offered a specific duration and fees for your use of the services, we agree those fees will stay the same for that time period. Your subscription will automatically renew at the end of the initial term and any renewal terms, unless you cancel or your subscription is suspended, ended, or terminated as described in these Terms.

PAYMENTS

When you purchase a subscription to the services, you agree that we and/or our payment processors can charge you for:
1. The subscription fees listed in your subscription agreement
2. Applicable taxes, except for taxes on our income
3. Any other charges you incur from purchasing and using the services.


You agree that the amount charged may vary due to promotions, changes to subscription fees as described in these terms, or tax changes. You allow us to charge your payment method for the updated amounts.
Except as stated otherwise, all subscription fees are due immediately at the start of each subscription period. You agree to pay all fees with a credit, debit card, or other payment method. You must provide valid payment details. When initiating a payment, you authorize us to share your payment info with third parties to complete the transaction and charge you in US dollars.


Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). If your payment is not successfully settled for any reason within fourteen (14) days after payment has been initiated for your transaction, your Subscription and access to the Services may be canceled or suspended in our sole discretion.
If you do not pay all required fees for your subscription, you will not be able to access your account or any information stored in it. Your account will be reactivated upon payment of all outstanding fees due. Robo Lawyer LLC is not liable for any damages or claims resulting from your inability to access your account or information due to any unpaid amounts.

AUTO RENEWAL

If your account is set to auto-renew, we may automatically charge you at the end of the subscription term to renew for additional periods equal to the current term. We will do this unless either party gives at least 30 days’ notice before the current term ends that they do not want to renew.
The fees for any renewal term will be the same as the prior term. However, if we have notified you of a fee increase, the increased fee will take effect at renewal and continue thereafter.

CANCELLATION PROCEDURE

You may cancel your Subscription(s) at any time; However, you remain liable for the Subscription Fees until the Subscription terminates at the end of the Subscription term. In order to cancel your Subscription, you must notify us at least three (3) days before the start of the next Subscription Term using the appropriate functionalities of the Services or by contacting us at mike@myrobolawyer.com. You will continue to have access to the Services through the end of the Subscription Term. 

NO REFUNDS

Subscription fees are not refundable unless we expressly agree to it in writing. You acknowledge and agree that you will not get a refund for any unused time left in your subscription term or any pre-payments made for services if:
(1) You cancel or terminate your subscription.
(2) We suspend or terminate your subscription or this agreement because you broke these terms.

ASSIGNMENT

Neither party can transfer or otherwise assign a subscription agreement or subscription, fully or partially, without the other party's prior written approval, unless approval is unreasonably denied. However, RoboLawyer, Inc. can transfer or assign a subscription agreement without the user's approval if another company acquires most or all of the business or assets related to the services, whether through merger, reorganization, purchase, operation of law, change in control or other means. Any assignment made in conflict with this provision is invalid and void.


These terms are binding for both parties and their legal successors and assignees. Nothing in these terms is meant or should be interpreted to give any person, other than the parties themselves, their legal successors and assignees, any legal or fair right, solution or claim regarding these terms.

7. USAGE LIMITS

To help ensure fair access and optimal performance of the software services for all users, RoboLawyer, Inc. may enforce a reasonable usage limit on accounts. We reserve the right to impose limits on certain features of the Platform or restrict your access to parts or all of the Platform without notice or liability. 
The specific usage limits applied to each service and account type may vary over time based on changes in technology and customer needs. RoboLawyer, Inc. will communicate any significant limit adjustments via updates to this policy and agreements. It is the User’s responsibility to review the limits applicable to their account. 
Accounts exceeding established usage limits may experience reduced performance, service restrictions or suspension until usage is reduced. Alternative plans or purchased credits may also be available for higher usage needs.

8. ACCOUNT TERMINATION

You may terminate your account at any time by contacting us at michael@myrobolawyer.com. RoboLawyer, Inc. reserves the right to suspend or terminate your account at any time and for any reason.  All provisions of the Terms of Use shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, you will no longer have access to the User Content, documents, templates or other content stored in your account or otherwise connected with your use of the Platform. It is your responsibility to download or otherwise save this information prior to termination.  Further, RoboLawyer, Inc. reserves the right to delete or destroy all copies of User Content in the normal course of operation any time after the expiration of thirty (30) days after the cancellation or termination of User’s subscription to the Services. User content cannot be recovered once they are deleted or destroyed.

9. INTELLECTUAL PROPERTY RIGHTS

The Platform and all intellectual property rights in and to the Services, including but not limited to text, documents, graphics, logos, tools, buttons, icons, images, audio clips, website design, support, documentation, aggregated and statistical information and related works, data compilations and software, are the property of RoboLawyer, Inc., including but not limited to any modifications and derivative works of the foregoing and are protected by United States and international copyright, trademark and other intellectual property laws.  You may not copy, distribute, modify or create derivative works from the Platform content unless expressly authorized in writing by RoboLawyer, Inc.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company.

User owns all intellectual property rights in User Content.  “User Content” means any and all information and content and data that a User submits to, posts on, uploads to, shares through or uses with the Services.  Users are solely responsible for their User Content. You assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate any User obligations as specified in these Terms, nor does your User Content violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and/or privacy rights. Robo Lawyer LLC takes no responsibility and assume no liability for any of your User Content.

The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

By creating an account and using the Platform, you authorize RoboLawyer, Inc. to display your organization’s logo and name on the Company website and promotional materials.

10. AI SERVICES

RoboLawyer, Inc. may utilize artificial intelligence (AI) to provide certain features and functionality. By using the Platform, you acknowledge and agree to the following with respect to the AI aspects:
a. The AI is provided on an "as is" and "as available" basis without warranties of any kind, and we expressly disclaim all warranties and conditions regarding the AI services, whether express, implied, or statutory, including warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
b. The AI relies on datasets and algorithms that are imperfect and subject to inherent biases. While we aim for the AI to be helpful, unbiased, and harmless, we cannot guarantee it will always be or that it will always behave as intended. You use the AI at your own discretion and risk.  All output generated by AI should be evaluated by employing human review for accuracy.
c. The AI may be modified, improved, or discontinued by us at any time without notice. We make no commitment to update, maintain, or support any version of the AI.
d. You own the content and information you provide to train the AI. You grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use that content and information to provide, improve, and develop the AI services.  This includes the right to use the data to train, test, enhance, and improve the AI and AI services. This license survives termination of your use of the Services.
e. Any data, text, recommendations, insights, or other content generated by the AI and provided to you as part of the AI services (“AI Outputs”) are licensed solely for your internal business purposes and for use with your clients in the course of providing services to such clients.
You may also use the AI Outputs in filings or submissions in legal proceedings, court documents, and other governmental or regulatory matters as necessary for operating your business.
Other than the permitted uses stated above, you may not sell, lease, share, sublicense or otherwise provide the AI Outputs to third parties outside of your organization. This includes, without limitation, offering the AI Outputs on a stand-alone basis, incorporating them into your own products or services, allowing access for any purpose that competes with the Services, and any other purpose not expressly authorized under this Agreement.
f. The AI services do not provide, constitute, or substitute for professional or expert advice. Reliance on any AI outputs or recommendations is done strictly at your own risk and we will not be liable for any damages resulting from such reliance.
g. You are solely responsible for complying with all applicable laws and regulations when using the AI services, including regarding privacy, bias, discrimination, export controls,

11. CUSTOMER DATA

LICENSE TO ROBOLAWYER INC

You grant, and you represent and warrant that you have all rights necessary to grant, to RoboLawyer Inc. an irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, distribute and display your User Content. RoboLawyer, Inc. can use your content worldwide for the following purposes:
(a) To maintain and provide the Services.
(b) To improve Products/Services and create aggregated and anonymous information.
(c) To do other actions described in our Privacy Policy or that you authorize related to your use of the services.

CONFIDENTIALITY

The parties (RoboLawyer, Inc. and the User) may have access to each other's private information ("Confidential Information"). Confidential Information includes:

  • Private and non-public business information of each party like plans, strategies, pricing or finances.
  • Subscription agreement details shared between the parties.
  • Anything else marked confidential by the disclosing party.

For RoboLawyer, Inc., it also includes the services. For the User, it includes drafts and reports and user data. Confidential does not mean information that is publicly known, was disclosed by someone else, already possessed without restrictions, or independently developed without using the other party's information.

The "receiving party" (whether it's RoboLawyer, Inc. or the User, depending on who receives the information) must:

  1. Protect any confidential information received as carefully as their own private information, but not less than a commercially reasonable standard of care.
  2. Only use confidential information as allowed in the agreement.
  3. Not share confidential information with third parties without permission, except as required by law.

In the event that RoboLawyer, Inc. is required or ordered to disclose Customer Data to a third party pursuant to judicial order or other compulsion of law, if legally permitted, the Company shall take all commercially reasonable steps to provide the Customer with prompt notice of any relevant order or basis for disclosure so as to allow Customer to take whatever steps it can to object to such compulsory disclosure if Customer so chooses.

FEEDBACK

If User provides RoboLawyer, Inc. with any suggestions, improvements, ideas or other feedback with respect to any aspect of the Services (“Feedback”), RoboLawyer, Inc. shall own any and all such Feedback without any compensation, attribution or recognition or any other obligation to User.

12. PROHIBITED CONDUCT AND USES

You agree not to misuse the Platform or assist others in doing so. Prohibited conduct includes:

  • Accessing or using the Platform in violation of laws or regulations, including intellectual property laws and including, without limitation, any laws regarding the export of data or software to and from the United States or other countries
  • Posting or transmitting any abusive, inflammatory, obscene or illegal material
  • Harming, exploiting or attempting to harm minors in any way shape or form
  • Impersonating any person or entity, including RoboLawyer, Inc. personnel
  • Posting false, inaccurate or misleading content
  • Distributing viruses or any other technologies that may harm RoboLawyer, Inc., , the Platform, or other users
  • Obtaining unauthorized access to the Platform, other users’ accounts, or computer systems

Except to the extent a restriction is prohibited by law, you agree not to do any of the following, either directly or indirectly:

  1. You may not take any actions to reverse engineer, decode, copy, modify, share, distribute or commercially exploit the software or data without proper authorization. This means specifically that you cannot disassemble, reverse engineer, decode or decompile any part of the software. 
  2. You are also prohibited from copying, renting, leasing, selling, loaning, transferring, assigning, sublicensing, reselling or distributing the software or any intellectual property associated with it. Further, you may not modify, alter or create derivative works of any part of the software or related intellectual property.
  3. You should not use the software in any way that impacts performance, stability, functionality or other users' experience. Specifically, you must avoid using the software in a manner that impacts server stability or operation, affects the performance of the software itself, or impacts how other applications interact with the software. You may not overburden system resources or interfere with any other party's usage, including their ability to engage with real-time features.
  4. Automated processes like robots, spiders or scrapers may not be used without explicit permission to access, collect or extract data via the software. You are not allowed to use any robot, spider, scraper, data mining tool or other automated means to access, collect or record content from the software.
  5. You cannot impersonate others, hide your identity, or imply an endorsement/affiliation without consent. Specifically, you may not impersonate another person, misrepresent your affiliation, hide or attempt to hide your identity, or imply an endorsement, relationship or affiliation with the software provider without their prior written permission.
  6. The software should not be used for benchmarking/competitive analysis purposes or in competition with the provider without their approval. You may not use or display the software in competition with the provider, to develop competing products/services, or for benchmarking or competitive analysis purposes that could be detrimental to the provider.
  7. You must not attempt to circumvent security measures or gain unauthorized access. Some examples of prohibited acts include attempting to interfere with or compromise system integrity/security, deciphering transmissions, transmitting viruses/worms/malware, sharing passwords/credentials to circumvent restrictions, hacking, altering software ratings, or otherwise attempting to gain unauthorized access.
  8. You must not share passwords or authentication credentials for the Services, or otherwise circumvent the measures we may use to prevent or restrict access to the Services or enforce limitations on use of the Services.
  9. You must not identify or refer to us or the Services in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and us, without our prior express written consent.
  10. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack.
  11. Take any action that may damage or falsify the Company or Platform rating.
  12. You may not take any actions that violate laws, regulations, contractual obligations or infringe on intellectual property, privacy or personality rights. Always make sure to abide by applicable laws and contractual obligations in your usage of the software.
  13. You must not otherwise attempt to interfere with the proper function, working and operation of the Platform.

13. SECURITY

We understand that security and confidentiality are of the utmost importance to our users and RoboLawyer, Inc. implements multiple measures, security practices and technologies to help protect your data and secure the Platform. However, no method of transmitting or storing electronic data is ever completely secure. We cannot guarantee the absolute security of any transmission or storage of information.

RoboLawyer, Inc. will use reasonable physical, technical, and administrative measures to protect the security, confidentiality, and integrity of user content and its systems, which are described in more detail in its Privacy Policy.

RoboLawyer, Inc. requires two-factor authentication for all user accounts. To log in, users must first enter their username and password on the login page. Then, they will receive an authentication code by text message to the phone number associated with their account. As an alternative, users can request the code be emailed instead.

This authentication code is only valid for a set period of time, after which a new one must be requested. Once the valid code is entered, the user can access their account.

As part of how the services are designed, it is possible for a limited number of company employees to access user content. Employees will only access user content in accordance with the confidentiality terms and with user consent, or as reasonably needed to perform the following tasks:

  • Provide the services to the user
  • Fix system errors or otherwise improve the services
  • Respond to valid information requests from law enforcement or government authorities
  • Comply with applicable laws, subpoenas, court orders, or regulations
  • Investigate and prevent security threats, fraud, or other illegal, dangerous, or inappropriate activities
  • Verify compliance with the terms of service
  • Enforce and protect the company's rights and property.

14. LINKS TO THIRD PARTY WEBSITES

The Platform may contain links provided by or to third party websites and services.  These links are for the User’s convenience only. We are not responsible for the practices of such third party websites or services. Your use of third party websites is at your own risk and subject to the terms and conditions of use for each respective third party website. RoboLawyer, Inc. accepts no responsibility for them or for any losses or damages that may arise from your use of any third-party links or websites. 

15. DISCLAIMERS AND LIMITATIONS ON LIABILITY

THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF CONTENT AVAILABLE THROUGH THE PLATFORM. YOU USE THE PLATFORM AT YOUR OWN RISK.
IN NO EVENT WILL ROBOLAWYER, INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM. THESE INCLUDE DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ROBOLAWYER, INC. SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF YOUR JURISDICTION, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
ROBOLAWYER INC. IS NOT LIABLE FOR ANY LEGAL OUTCOMES, JUDGMENTS, VIOLATIONS, OR OTHER OUTCOMES RESULTING FROM USE OF THE PLATFORM.

16. GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of the State of California, without regard to conflict or choice of law principles. 
All disputes, controversies or differences which may arise between the parties out of or in relation to or in connection with this Agreement or for the breach thereof shall be finally settled by arbitration in accordance with Paragraph 17 below.
Notwithstanding the foregoing, RoboLawyer, Inc. shall be permitted to apply to any court of competent jurisdiction for injunctive or equitable relief, without breach of this arbitration agreement, in order to protect its confidential information, intellectual property, or other rights.
By agreeing to these Terms, you irrevocably consent to the exclusive jurisdiction and venue of the state courts in Orange County, Santa Ana California, or federal courts in Los Angeles, California for any action not subject to arbitration as set forth above.

17. ARBITRATION

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ROBOLAWYER, INC. 
You agree that any and all controversies, disputes or claims arising or that may arise between you and RoboLawyer, Inc., whether out of or relating to these Terms of Use or the Software provided by RoboLawyer, Inc., shall be resolved exclusively through final and binding arbitration and in accordance with the terms of this Arbitration Agreement.  By agreeing to these Terms of Use, you agree that you and RoboLawyer, Inc. are each waiving the right to a trial by jury or to participate in a class action.
Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.
The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Location: The arbitration shall be conducted in Orange County, Santa Ana, California, unless you and RoboLawyer, Inc. agree otherwise. You may choose to have the arbitration conducted by telephone, video conference or based solely on written submissions, whichever you prefer.
Pre-Arbitration Dispute Resolution: RoboLawyer, Inc. is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing RoboLawyer’s support team at michael@myrobolawyer.com.  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Company should be sent to RoboLawyer, Inc. at PO Box 6714, Laguna Niguel, CA 92607-9998 (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If RoboLawyer, Inc. and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or RoboLawyer, Inc. may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by RoboLawyer, Inc. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Agreement. Each party shall pay for its own attorneys' fees and costs, except where applicable law allows for the recovery of attorneys' fees and costs from the losing party.
Claims: The arbitrator shall have exclusive authority to make all decisions regarding any dispute, claim or controversy arising under these Terms of Use or the Software, including whether a particular dispute is subject to arbitration. You and RoboLawyer, Inc. agree that any claim or dispute will be arbitrated only on an individual basis and that any claim will not be consolidated or arbitrated on a mass, consolidated or class action basis.
Waiver: You understand and agree that by agreeing to mandatory arbitration you are waiving your right to a trial by judge or jury or to participate in a class action.
Severability: If any portion of this Mandatory Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.  If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any provisions of this Arbitration Agreement is invalid or unenforceable, the remainder of this Agreement will continue to apply.
This Mandatory Arbitration Agreement shall survive the termination of your use of the Software or account with RoboLawyer Inc.

18. SEVERABILITY

If any provision of these Terms is deemed unlawful, invalid or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be deemed severed and the remaining provisions will continue in full force and effect.
Upon a determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

19. WAIVER

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Any waiver must be in writing and signed by the party granting such waiver to be effective.
A party’s failure to enforce any rights under these Terms or delay in enforcing such rights shall not be construed as a waiver of those rights. A waiver of any breach or default shall not constitute a waiver of any other right for that breach or default or any subsequent breach or default.

20. PARTIES’ RELATIONSHIP

The relationship of the parties’ pursuant to these Terms is one of independent contractors. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. Neither party may assign its rights or obligations under these Terms without the prior written consent of the other party. All notices under these Terms will be in writing and addressed to the party as set forth in these Terms.
Nothing in the Terms creates an exclusive relationship or in any way prevents the Company from entering into similar arrangements with or providing similar services to other entities, including, without limitation, other similar customers. Customer understands and acknowledges that the Company is free to use some or all of the data, information, techniques, methodologies, forms, layouts, or results of any of the products or services provided by the Company hereunder in providing products or services to other customers and nothing in the Terms shall be construed to limit the Company’s right to do so.

21. PUBLICITY RIGHTS

RoboLawyer, Inc. may identify you as a User of its services in promotional materials, public lisitng of RoboLawyer, Inc.’s customers and/or for testimonial/case study purposes in written, electronic or oral form. You agree that RoboLawyer, Inc. may use your name, likeness and logo on its website or in marketing materials to promote your use of the Services. You agree to serve as a reference for RoboLawyer, Inc. and make appropriate employees available for telephone or in-person discussions/meetings with RoboLawyer, Inc. customers or prospects regarding your use of the Services.
If you do not want RoboLawyer, Inc. to use your name, likeness or logo for promotional purposes as outlined above, you must notify RoboLawyer, Inc. in writing at mike@myrobolawyer.com and we will refrain from such usage, except as may be required by law. Notwithstanding the foregoing, RoboLawyer, Inc. shall not be required to remove any references to you or links to your name, likeness or logo that were published before RoboLawyer, Inc. received your written notification.

22. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and RoboLawyer, Inc. relating to your access to and use of the Platform. Further, this agreement supersedes any prior or contemporaneous agreements, understandings, representations, and warranties, oral and/or written, with respect to the Platform. Any statements or comments made by and/or between you and any of our employees and/or representatives are expressly excluded from these terms and will not apply to either party or your use of our Platform.

23. CONTACT US

This platform is operated by RoboLawyer, Inc. If you have any questions, comments or feedback (“Feedback”) about the Platform or these Terms, please contact us at: support@myrobolawyer.com.  By providing such Feedback about the Platform, its products and/or services, you hereby grant RoboLawyer the perpetual, irrevocable right to use, exploit, copy, modify and/or create derivative works thereof.