Terms and Conditions
Version: March 3, 2023
This Terms and Conditions Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Older Wiser Lawyer Mentors (collectively, “OWLM” or “we” or “us” or “our”), concerning your access to and use of the www.owlmentors.org website, mobile website, or any other media form related or connected thereto (collectively, the “Site”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY USING THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT OWLM MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS, OR CONTINUE TO USE OR ACCESS, THE SITE.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “DISPUTES” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST OWLM ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST OWLM IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
OWLM makes no representation that the Site is appropriate or available in other locations other than where it is operated by OWLM. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject OWLM to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
AUTHORITY
To use our Site, you must be at least 18 years old. Persons who are at least 13 years old but under the age of 18 may only use our Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms and Conditions; otherwise, please exit the Site.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which OWLM makes it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OWLM. Prohibited activity includes, but is not limited to:
Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
Attempting to impersonate another user or person;
Criminal or tortious activity;
Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site;
Deleting the copyright or other proprietary rights notice from any Site content;
Engaging in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools;
Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
Harassing, annoying, intimidating, or threatening any OWLM personnel or agents;
Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
Making any unauthorized use of the Site, including collecting identifying information such as email addresses, by electronic or other means, for the purpose of sending unsolicited communications;
Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from OWLM;
Tricking, defrauding, or misleading OWLM or users of the Site;
Using any information obtained from the Site in order to harass, abuse, or harm another person; or
Using the Site in a manner that is inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Site, including but not limited to the trademarks, service marks, and logos contained therein (“OWLM Content”), is owned by or licensed to OWLM, and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. OWLM Content, includes, without limitation, all source code, databases, functionality, software, website designs, artwork, logos, page headers, button icons, audio, video, text, photographs, illustrations, scripts, service names, and graphics. OWLM’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of OWLM. The entire OWLM Content is copyrighted as a collective work under U.S. copyright laws, and OWLM owns a copyright in the selection, coordination, arrangement, and enhancement of the OWLM Content.
OWLM Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, modified, altered, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the OWLM Content and to copy or print any portion of the OWLM Content to which you have properly gained access solely for your personal, non-commercial use. No right, title, or interest in any of the copied or printed materials is transferred to you as a result of any such copying or printing. OWLM reserves complete intellectual property rights, title, and interest in any of the OWLM Content that you copy or print from the Site. OWLM reserves all rights not expressly granted to you in and to the Site and OWLM Content.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with applicable law. We will remove any infringing materials from the Site in accordance with applicable laws.
If you believe that any material on the Site infringes upon any copyright or trademark that you own or control, please immediately notify OWLM at:
Older Wiser Lawyer Mentors
Email: support@owlmentors.org
In your notification, please provide OWLM with the following information, according to applicable laws:
Identification of the trademark or copyrighted work that you claim to have been infringed;
Identification of the allegedly infringing material on the Site that you request to be removed;
Your name, physical address, phone number, and email;
A good-faith statement that you believe the use of the trademark or copyrighted work is not authorized;
A statement that your notification is accurate and that you are authorized to act on behalf of the intellectual property owner’s right that is allegedly being infringed; and
A physical or electronic signature of the intellectual property owner or an agent authorized to act on the owner’s behalf to assert infringement and to submit the statement.
If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred as the result of our reliance on your misrepresentation in removing or disabling access to such material.
THIRD PARTY WEBSITES AND CONTENT
The Site contains links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and/or other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by OWLM, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in Third Party Websites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by OWLM. If you decide to leave the Site to access Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and OWLM takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
SITE MANAGEMENT
OWLM reserves the right, but does not have the obligation, to:
Monitor the Site for violations of this Agreement;
Take appropriate legal action against anyone who, in OWLM’s sole discretion, violates this Agreement, including without limitation reporting such user to law enforcement authorities;
Refuse, restrict, or disable access or availability to the Site for, to the extent technologically feasible and in OWLM’s sole discretion without limitation, notice or liability, any user’s contribution or any portion thereof that may violate this Agreement or any OWLM policy;
Remove from the Site or otherwise disable, in OWLM’s sole discretion and without limitation, notice or liability, all files and content that are excessive in size or are in any way burdensome to OWLM’s systems; or
Otherwise manage the Site in a manner designed to protect the rights and property of OWLM and others and to facilitate the proper functioning of the Site.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use, or otherwise participate in, the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, OWLM RESERVES THE RIGHT TO, IN OWLM’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND OWLM MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, WITHOUT WARNING AND IN OWLM’S SOLE DISCRETION.
In addition to terminating your use or participation in the Site, OWLM reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
MODIFICATIONS
OWLM reserves the right to revise or modify this Agreement at any time without prior notice. Such changes to this Agreement will be posted on the Site and revisions will be indicated by date. You agree to be bound by and follow this Agreement as changed when you use the Site following any such changes. You agree that you will periodically check the Site for updates or modifications to this Agreement.
DISPUTES
Governing Law; Jurisdiction. This Agreement and all aspects of the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions. With respect to any disputes, controversy, or claim related to this Agreement (“Dispute”) not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the appropriate state and federal courts located in the State of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. In no event shall any claim, action, or proceeding by you related in any way to the Site be instituted more than one (1) year after the cause of action arose.
Informal Resolution. To expedite resolution and control the cost of any Dispute related to this Agreement, you and OWLM agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
Binding Arbitration. If you and OWLM are unable to resolve a Dispute through informal negotiations, all Disputes between you and OWLM must be resolved by BINDING ARBITRATION whenever you or we choose to submit or refer a Dispute to arbitration.
By accepting this arbitration agreement you GIVE UP YOUR RIGHT TO GO TO COURT. In arbitration, any claim related to this Agreement (“Claim”) will be decided under applicable law by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY. The procedures in arbitration are simpler and more limited than rules applicable in court. Arbitrator decisions are subject to VERY LIMITED REVIEW BY A COURT.
All Claims are subject to arbitration regardless of whether they are based on contract, tort, statute, regulation, common law or equity, or whether they seek legal or equitable remedies. All Claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the future. If you initiate a Claim in arbitration, no changes to the terms of this agreement to arbitrate that are made after we receive your Claim will apply to that Claim. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
Claims in arbitration will only proceed on an INDIVIDUAL BASIS. Class actions, other similar representative procedures, and consolidation of Claims are NOT available under this agreement to arbitrate. By accepting this arbitration agreement, YOU AND WE ARE WAIVING THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT OR IN ARBITRATION. If these terms prohibiting class, representative, or consolidation procedures are held to be legally unenforceable for any reason with respect to a Claim, then the Claim must be handled through litigation in court instead of by arbitration.
Under this agreement to arbitrate, the American Arbitration Association (“AAA”) (www.adr.org) will serve as the arbitration administrator. AAA will apply its code of procedures in effect at the time the arbitration claim is filed. If there is a conflict between that code of procedures and this arbitration provision and/or any sections of this Agreement, this arbitration provision and/or this Agreement will control.
A single arbitrator designated by AAA will decide the Claim under applicable law. The arbitrator is bound by the terms of this agreement to arbitrate. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, interpretation, formation, and validity of this arbitration agreement are for a court to decide. The arbitrator will honor all claims of privilege recognized by law.
Subject to the prohibition on class, representative, and consolidation procedures set forth above, the arbitrator will have the power to award to a party any damages or other relief provided for under applicable law. That is, a party will be entitled to recover in arbitration any damages or other relief that it could recover if it prevailed in a court proceeding as an individual. No arbitration award or decision will have any preclusive effect on issues or claims in any subsequent proceedings beyond the Claims at issue. The arbitrator’s authority is limited to claims between you and us, and the arbitrator can award damages or relief only to you, but not to or on behalf of anyone else.
The arbitrator’s decision will be final and binding on the parties. An arbitrator’s award shall consist of a written statement setting forth the disposition of each Claim. At the request of any party, the arbitrator shall also set forth a written explanation of the essential findings and conclusions on which the award is based.
A party can file a written appeal to the arbitration administrator within 30 days after an award is issued. The appeal will proceed before a panel of three neutral arbitrators designated by the same arbitration administrator. That panel will consider all legal and factual issues anew and make all decisions and awards by majority vote based on the documents and arbitration record without a hearing. Any review by a court shall be governed by the Federal Arbitration Act. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration shall take place in the State of California. To the fullest extent permitted by applicable laws, rules, and regulations: (1) any evidentiary submission(s) made in arbitration shall be maintained as confidential in the absence of good cause for its disclosure, and (2) you and OWLM agree not to disclose the contents of the arbitrator’s decision(s) to any third party, except as required by law, rule, or regulation, or for the purposes of enforcement or appeal of the arbitration decision.
CORRECTIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to descriptions and various other information. OWLM reserves the right to correct any errors, inaccuracies, or omissions and to revise or update the information on the Site at any time without prior notice.
DISCLAIMERS
OWLM cannot control the nature of all of the content available on the Site. By operating the Site, OWLM does not represent or imply that OWLM endorses any contributions or other content available on or linked to by the Site, including, without limitation, content hosted on third party websites or provided by third party applications, or that OWLM believes contributions or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Site or in connection with any contributions. OWLM is not responsible for the conduct, whether online or offline, of any user of the Site.
YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OWLM, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWLM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT AND MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. OWLM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OWLM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OR PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL OWLM OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF OWLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OWLM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OWLM DURING THE PERIOD OF ONE (1) YEAR PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
INDEMNITY
You agree to defend, indemnify and hold OWLM, its subsidiaries and affiliates, and their respective managers, members, officers, directors, employees, agents, or partners, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, OWLM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OWLM, and you agree to cooperate, at your expense, with OWLM’s defense of such claims. OWLM will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to OWLM shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provide or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and OWLM regarding the use of the Site. The failure of OWLM to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement may not be assigned by you without our express written consent. OWLM may assign any or all of its rights and obligations to others at any time. OWLM shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond OWLM’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and OWLM as a result of this Agreement or use of the Site. Upon OWLM’s request, you will furnish OWLM any documentation, substantiation, or releases necessary to verify your compliance with this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT
In order to resolve a complaint regarding this Site, please contact OWLM at:
Older Wiser Lawyer Mentors
Email: support@owlmentors.org