These Terms and Conditions of Service (“TOS”) set forth the terms and conditions that apply to:
(i) your use, access, and/or review of EvoLaw, LLC’s (“EvoLaw”) website and web pages located at www.evolaw.com (the “Website”); and/or
(ii) your use, access, and/or review of EvoLaw’s documents, forms, reports, agreements, formation services, marketing materials, tools, software, content, updates, information, notifications, document vault, and 5-Minute Business Risk Analysis (collectively, the “Features”).
As set forth in these TOS, “you(r)(s)” or “user(s)” shall mean and refer to an EvoLaw customer or a visitor to the Website. Further, “we,” “us,” and “our” shall mean and refer to EvoLaw and the defined term EvoLaw shall also mean and refer to EvoLaw’s members, managers, officers, attorneys, employees, independent contractors, affiliates, and agents.
AS DETAILED BELOW, THESE TOS MANDATE THE USE OF BINDING ARBITRATION TO RESOLVE ANY AND ALL DISPUTES BETWEEN YOU AND EVOLAW THAT CANNOT BE RESOLVED INFORMALLY. AS SUCH, SUBJECT TO THE TERMS AND CONDITIONS BELOW, YOU ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND/OR THE RIGHT TO BRING A CLASS ACTION SUIT OF ANY KIND AGAINST EVOLAW. ALSO, IN THE EVENT THAT YOU ELECT TO ARBITRATE A DISPUTE AGAINST EVOLAW THESE TOS LIMIT YOUR REMEDIES.
TERMS AND CONDITIONS OF SERVICE
- Your Acceptance of these TOS. Your review, access, and/or use of the Website or our Features, whether as a mere visitor or actual customer, shall automatically bind you to these TOS. However, you may not review, access, and/or use the Website and/or any of our Features if you are not legally able to enter into these contractual terms with EvoLaw and/or lack the requisite authority to be bound by these TOS. By reviewing, accessing, and/or using the Website or the Features you warrant and represent that you have the capacity to be legally bound by the TOS. If you are not are not at least 18 years of age, then under no circumstances may you review, access, and/or use EvoLaw’s Website or our Features. Before continuing any further, you should print and/or save a copy of the TOS for your records.
- What EvoLaw Does and What EvoLaw Does Not Do. Subject to these TOS, EvoLaw provides its users access and use of its Website and Features. EvoLaw engineered the Website and Features to accomplish the following limited purposes:
(i) To provide users with general information about California law;
(ii) To provide users with a list of legal documents that other similarly situated businesses have used (or currently use) to minimize their risk and/or legal liability through EvoLaw’s online 5-Minute Business Risk Analysis;
(iii) To allow users California entity formation related services;
(iv) To provide users with an online platform to create their own, self-directed, self-customized legal documents; and
(v) To provide users with a means to store their documents in a virtual document vault.
At no time, however, does EvoLaw: (a) ensure that a user’s answer, response, and/or self-generated legal documents are legally accurate and/or sufficient; (b) render and/or produce any conclusions of law regarding a user’s specific set of circumstances; (c) render legal advice or act as a user’s attorney; (d) engage, in any way, in the “practice of law” however that term may be defined in various jurisdictions; and/or (e) serve as a substitution for competent legal counsel.
2.1. EvoLaw is Not a Law Firm. EvoLaw is NOT a law firm and does not render any Features or services that require a licensed attorney. EvoLaw does not offer legal advice. By using, reviewing, or accessing the Features and/or the Website you acknowledge and agree that the generalized nature of the Website and our Features cannot (and do not) conform or adapt to every unique situation that might arise and therefore should not be relied upon to do so. At no time does EvoLaw review the information that you input into the Website or Features for legal sufficiency and/or accuracy. EvoLaw does not draw legal conclusions, nor does it provide recommendations about your legal rights or obligations. EvoLaw does not provide any recommendations as to your legal options, nor do we apply the law to the facts of your particularized situations. At no time should you treat the Features, the Website, nor any service offered by EvoLaw as a substitute for a licensed attorney. Moreover, EvoLaw’s Website and/or Features do not, nor should they ever be understood, to create or establish an attorney-client relationship of any kind. And, by accessing, using, and/or browsing EvoLaw’s Website and/or Features, you expressly acknowledge and agree that you are acting as your own legal representative/counsel. While EvoLaw strives to keep its Website and Features current, up-to date, and accurate, EvoLaw does not and cannot promise and/or guarantee that its Website and/or Features are, in fact, current, up-to date, and/or accurate given, among other things, the often rapid changes in applicable law. Every jurisdiction may interpret law differently and thus the changes in laws may be subject to different interpretations depending on your jurisdiction. Therefore, the documents that you purchase from EvoLaw and/or your use of EvoLaw’s 5-Minute Business Risk Analysis may be ineffective if not reviewed in light of the current law of your jurisdiction, or in light of your goals and/or circumstances. Accordingly, if you have a personalized, complex, and/or unique legal issue that EvoLaw’s generalized Website and/or Features are not equipped and/or engineered to solve or address, or if you are unsure whether EvoLaw’s generalized Website and/or Features are equipped to solve and/or address your personalized, complex, and/or unique legal issue(s), you should consult with a licensed attorney in your jurisdiction before using our Website or Features.
- Our Intellectual Property Law Compliance. EvoLaw is committed to complying fully with applicable United States copyright law. This includes the investigation into claims of alleged copyright and/or trademark infringement. To that end, EvoLaw shall process, investigate, and if warranted, respond to allegations of infringement pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). DMCA mandates that notifications of alleged copyright infringement shall be sent to EvoLaw’s Agent for Notification of Claims of Infringement:
Michael B. Kushner, Esq. / Kushner Carlson, PC / 85 Enterprise, Suite 310 / Aliso Viejo, CA 92656 / Fax No. (949) 421-3031 / email@example.com
With a courtesy copy to Mr. Kushner’s assistant, Sarah Lee, at: firstname.lastname@example.org
And, for your complaint to be valid pursuant to the mandates set forth in the DMCA, you must provide us with:
(i) “A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
(ii) “Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.”
(iii) “Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.”
(iv) “Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.”
(v) “A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
(vi) “A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Note, please refrain from making false claims. Knowingly sending meritless infringement notices may expose the sender to financial liability.
- Your Use of Our Website and/or Our Features. You acknowledge and agree that your access to EvoLaw’s Website and/or Features in your respective jurisdiction, does not constitute an invitation and/or authorization for your use and/or access of our Website and/or Features. You acknowledge and agree that it is your sole obligation and/or responsibility to ensure that your use and/or access of our Website and/or Features does not violate any applicable laws.
5.1. Hacking, Data Scrapping, Data Crawling, and Prohibition on Resell. You (nor any of your “spiders,” “browsers,” “robots,” “avatars,” “intelligent agents,” affiliates, third-parties, representatives, agents, independent contractors, and/or employees, if any) may “hack” “data scrape,” “data crawl,” and/or cause any harm and/or procure any of EvoLaw’s proprietary information to our Website and/or Features. You further agree to refrain from using and/or attempting to use any software, tool, engine, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website or our Features, other than the search engines and search agents available through the Features and other than commercial third-party web browsers (e.g., Firefox®, Google Chrome®, or Microsoft Explorer®). You agree not to post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive element that harms our Website and/or our Features, or that otherwise: (i) interfere with the proper working of the Website and/or our Features; (ii) decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way make up a part of the Website and/or the Features; or (iii) gain unauthorized access to any portion of the Website and/or the Features.
5.2. Additional Prohibited Uses. The following uses of the Website and/or Features are expressly prohibited: (i) for any and all frivolous or illegal matter as determined in EvoLaw’s sole discretion; (ii) in any legal matter in which you are represented by an attorney; (iii) in any legal matter that concerns a crime; (iv) in any legal matter that concerns jurisdictions outside of the United States of America; or (v) in any legal matter that directly or indirectly involves EvoLaw or any of EvoLaw’s agents, directors, employees, or other personnel.
- Personal Use Only. EvoLaw expressly grants you permission to download, review, and print your documents, reports, agreements, forms, formation related articles. Such use is only permitted for your use provided that you do not alter or remove, or permit to be altered or removed, any copyright and/or trademark notices appearing on any materials obtained through the Website and/or Features. Additionally, you agree not to use any materials obtained through or from the Website and/or Features on any other website or location, or to transmit or use the Website and/or Features in a manner designed to prevent EvoLaw from collecting money that should be paid to EvoLaw. EvoLaw’s permission for your use of any materials obtained through the Website and/or the Features will terminate automatically without notice in the event that you breach any of the provisions in the TOS. Upon such termination, you agree to destroy any downloaded and/or printed materials obtained through the Website and/or the Features. Any unauthorized use of EvoLaw’s materials may violate United States copyright, trademark, publicity, and/or privacy laws as well as communications regulations and statutes.
- EvoLaw’s Ownership of the Website, Features, and Assets. EvoLaw owns the Website and Features (including the text, icons, graphics, photographs, graphic design elements, slogans, catch phrases, images, logos and button icons, editorial content, notices, software, text, and other materials) (collectively, the “Assets”). Except as set forth otherwise and to the fullest extent permitted by law, none of the Assets may be reproduced, copied, re-published, re-engineered, downloaded, transmitted, distributed, uploaded, and/or posted in any way without EvoLaw’s prior written consent.
- Third-Party Links. You may be directed to websites that are not owned, affiliated and/or controlled by EvoLaw by clicking on third-party link(s) located on our Website and/or contained in our Features (“Third-Party Link(s)”). Please note, these Third-Party Links may contain their own and unique terms, conditions, and/or privacy policies that differ from EvoLaw’s terms, conditions, and/or privacy policies. Therefore, you expressly acknowledge and agree that: (i) EvoLaw’s Third-Party Links are provided solely for convenience related purposes only; (ii) EvoLaw does not investigate, monitor, conduct accuracy/compliance audits, on any of its Third-Party Links; and/or (iii) any and all Third-Party Link(s) located on our Website and/or contained in our Features do not constitute an endorsement and/or an affiliation of any kind with any Third-Party Link(s). As such, EvoLaw assumes no liability or responsibility whatsoever arising from your use, access, reliance, and/or interaction with any Third-Party Link. It is your sole responsibility to evaluate the accuracy, reliability, safety, timeliness and completeness of any information available on a Third-Party Link. All materials, services, or other content that are obtained from a Third-Party Link are provided “as-is” without any warranty or representation by EvoLaw of any kind, whether express or implied. EvoLaw disclaims any warranty including, the warranties of merchantability, fitness for a particular purpose, title, accuracy, security, or non-infringement.
- Your Mobile Device. You may be able to access and use our Website and/or our Features with a compatible mobile device (e.g., smart phone, etc.). However, you acknowledge and agree that you are solely obligated to determine whether your mobile device is compatible with our Website and/or Features and to determine whether you will incur any additional charges, fees, costs from your mobile provider when accessing and/or using our Website and/or Features from your mobile device.
9.1. Disclaimer. EVOLAW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, STATUTORY, IMPLIED, OR EXPRESS REGARDING AND/OR RELATING TO IN ANY WAY: (i) THE AVAILABILITY OF ANY TELECOMMUNICATION SERVICES IN YOUR AREA; (ii) ACCESS TO OUR WEBSITE AND/OR FEATURES VIS-A-VIS YOUR MOBILE DEVICE; (iii) ANY DAMAGE, LOSS, OR OTHER SECURITY BREACH THAT MAY ARISE FROM YOUR ACCESS TO OUR WEBSITE AND/OR FEATURES VIS-A-VIS YOUR MOBILE DEVICE; (iv) ANY UNAUTHORIZED DISCLOSURES TO ANY THIRD PARTY; AND/OR (v) ANY FAILURE TO TRANSMIT ANY DATA VIS-A-VIS YOUR MOBILE DEVICE.
- Non-Confidential. You acknowledge and agree to not submit any information that you deem confidential and/or proprietary in nature (your “Information”) to EvoLaw. Indeed, any and all Information that you submit to EvoLaw shall be deemed non-confidential, non-proprietary, and the property of EvoLaw at no charge to EvoLaw. EvoLaw is free to use, disseminate, and/or reproduce your Information on an unrestricted basis for any lawful purpose. You acknowledge and agree that you are responsible for your Information, including its legality, reliability, appropriateness, originality, and content.
- Export Prohibitions. You agree and acknowledge that you will not export and/or re-export any of the Features, the Website, and/or our Assets or any components thereof, in whole or in part, in violation of any applicable regulations and/or laws, including, without limitation, United States export laws and regulations.
- EvoLaw’s Intellectual Property Rights. The content contained in the Website and Features (including the text, icons, graphics, photographs, graphic design elements, slogans, catch phrases, images, logos and button icons, thumbnails, editorial content, notices, software, text, and other materials) are protected under both United States and other applicable copyright, trademark and intellectual property laws. EvoLaw grants you the right to review, access, and/or use these Features subject to these TOS. Any distribution, reproduction, or dissemination of any content from the Website and/or Features in whole or in part for any other purpose is expressly forbidden without EvoLaw’s prior written consent. You further agree not to use, nor permit any third party to use, the Website or Features, or any content derived from the same, in any manner that violates any applicable law, regulation, or these TOS.
- Refusal Rights. You acknowledge and agree that EvoLaw may, at its sole discretion and to the fullest extent permitted by law, refuse service to anyone at anytime and/or refuse anyone the ability to access and/or use EvoLaw’s Website and/or Features.
- Disclaimer of Representations and Warranties. EVOLAW’S WEBSITE, FEATURES, ASSETS, AND ANY AND ALL OTHER PRODUCTS OR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” BASIS. CONSEQUENTLY, EVOLAW DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, NON-INFRINGEMENT, OR ACCURACY. YOU EXPRESSLY AND UNEQUIVOCALLY AGREE THAT YOUR USE OF THE WEBSITE, OUR ASSETS, AND/OR ITS FEATURES IS DONE SO AT YOUR SOLE RISK. TO THAT END, EVOLAW AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS, GUARANTEES, WARRANTIES, WHETHER IMPLIED OR EXPRESS, REGARDING THE RELIABILITY, ACCURACY, OR COMPLETENESS OF ANYTHING CONTAINED ON EITHER THE WEBSITE, THE FEATURES, AND/OR OUR ASSETS. FURTHER, EVOLAW DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE WEBSITE AND/OR FEATURES ARE FREE FROM ANY VIRUS OR ANY OTHER COMPUTER PROGRAMMING THAT CONTAINS CONTAMINATED AND/OR DESTRUCTIVE PROPERTIES OR THAT HAVE BEEN ENGINEERED OR DESIGNED TO ILLEGALLY/WRONGFULLY TAKE OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitations on EvoLaw’s Liability. IN NO EVENT SHALL EVOLAW BE LIABLE AND/OR RESPONSIBLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED AND/OR PUNITIVE DAMAGES, WHICH MAY ARISE IN WHOLE OR IN PART FROM YOUR ACCESS AND/OR USE OF THE WEBSITE, FEATURES, AND/OR OUR ASSETS, EVEN IF EVOLAW HAD BEEN NOTIFIED THAT SUCH DAMAGE COULD ARISE (i.e., THAT SUCH DAMAGES WERE FORESEEABLE). NOTWITHSTANDING ANYTHING TO THE CONTRARY THAT MIGHT BE SET FORTH IN THESE TOS, EVOLAW’S MAXIMUM LEGAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS AND/OR SERVICES YOU PURCHASED FROM EVOLAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS PARAGRAPH ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Your Indemnification of EvoLaw. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO HOLD EVOLAW, AND ITS MEMBERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AGENTS, AFFILIATES, AND INDEPENDENT CONTRACTORS HARMLESS FOR ANY PUNITIVE, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGE, HOWEVER SUCH DAMAGE(S) MAY HAVE ARISEN (WHICH INCLUDE, WITHOUT LIMITATION, ANY AND ALL ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES), WHETHER IN AN ACTION OF NEGLIGENCE, CONTRACT, OR OTHER TORTIOUS ACTION, OR ARISING FROM ANY VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, ORDINANCES, RULES, OR REGULATIONS, EVEN IF EVOLAW HAS BEEN PREVIOUSLY COUNSELED OF THE POSSIBILITY OF SUCH DAMAGE (i.e., THE DAMAGES WAS FORESEEABLE). CERTAIN JURISDICTIONS MAY NOT PERMIT SUCH INDEMNIFICATION. ACCORDINGLY, THIS LANGUAGE MAY NOT APPLY TO YOU.
- Binding Arbitration and Class Action Prohibition. Customer concerns and/or dispute can potentially be resolved by simply calling EvoLaw’s Customer Service Department at at (800) 906-4364 or emailing us at email@example.com. However, if we are unable to resolve a particular dispute informally, then, you expressly agree that, subject to applicable law, any dispute, claim, grievance, or controversy arising out of or related in any way to the TOS, the Website, and/or the Features, whether sounding in contract, tort, negligence and/or any other legal theory, shall be subject to and decided by binding arbitration. The arbitrator shall decide the dispute by applying the laws of the State of California, and the arbitration shall be conducted in Orange County, California. The party demanding the arbitration shall present to the other party a list of three neutral arbitrators affiliated with any dispute resolution company(ies) (e.g., JAMS, Judicate West, AAA, ADR Services, etc.) operating in Orange County. If the other party does not approve of any of the arbitrators on the list presented by the demanding party, then the other party may submit a list of its three choices, and so forth. However, if the parties do not, within thirty (30) business days of the demanding party’s initial presentation of arbitrators, select an arbitrator, EvoLaw may unilaterally select a dispute resolution company (e.g., JAMS, Judicate West, AAA, ADR Services, etc.). If the parties cannot, after an additional thirty (30) business days choose an arbitrator at the chosen dispute resolution company, the arbitrator shall be selected pursuant to the applicable commercial rules and procedures of the relevant dispute resolution company (the “Rules”). The arbitrator shall have the power and authority to decide all disputes, claims/cross-claims, and requests between the parties arising out of these TOS, the Website, and/or the Features, including without limitation, dispositive motions and discovery disputes. Discovery shall be permitted to the extent permitted by the Rules, as may be modified at the discretion of the arbitrator. Once the arbitrator has made a decision regarding the dispute(s), the arbitrator shall provide the parties with a written decision detailing the basis of his/her findings and conclusions of fact and law. The arbitrator shall award the prevailing party its reasonable attorneys’ fees and costs. Judgment on the award rendered by the arbitrator may be entered in the superior court for Orange County.
19.1. Prohibition on Class Actions. You acknowledge and agree that you may only resolve disputes with us on an individual basis, and therefore you may not bring a claim as a class member and/or as a plaintiff in a consolidated, class, or representative action. As such, class arbitrations, class actions, and/or private attorney general actions are strictly prohibited. However, notwithstanding the foregoing, EvoLaw may file a lawsuit against you, in any court of competent jurisdiction, for injunctive relief to stop any conduct it deems wrongful.
- Communication From EvoLaw. By providing EvoLaw with your email, your phone number, and/or your mailing address, you expressly agree and acknowledge that you may receive various communications from EvoLaw. Such communications may include and/or relate to your account, special offers, newsletters, solicitations, reminders, updates, and/or billing related information. To remove yourself from such communications, simply contact our Customer Service Department at (888) 906-4364.
- Registered Agent. If you purchased EvoLaw’s registered agent services, you acknowledge and agree to the following:
(i) EvoLaw shall work with a third-party provider of our choice (the “Third-Party Provider”) to provide you with the registered agent related services.
(ii) You expressly authorize the Third-Party Provider to: (i) accept service of various non-official and official legal notices and/or communications on your entity’s behalf (the “Legal Documents”); and (ii) scan, upload, email, and/or mail you your Legal Documents as the Third-Party Provider, in its sole discretion, deems appropriate.
(iii) EvoLaw and its Third-Party Provider shall not forward any notices and/or communications that are deemed unauthorized and/or a misuse of the registered agent’s address and therefore assumes no responsibility for any and all liability associated with any and all unauthorized and/or misuse of the registered agent’s address.
(vi) The “primary business” address that you provide us must actually be the address your company operated from.
(vii) You shall not, under any circumstances, make any representations that would lead another to believe that the address of the Third-Party Provider is where you operate your business.
(viii) You may not list the Third-Party Provider’s address on any of your marketing and/or branding material (e.g., business cards, stationary, social media, signature blocks, etc.).
You acknowledge and agree that notwithstanding the Third-Party Provider’s best efforts, the Third-Party Provider does not guarantee and/or warrant that your Legal Documents will be successfully delivered to you (“Non-Deliveries”). As such, you acknowledge and agree that the Third-Party Provider shall not be liable for any and all Non-Deliveries. It is your sole obligation to ensure that EvoLaw has your most current business and mailing address.
- California Resident Notice. California residents are entitled to the following specific consumer rights information (California Civil Code §1789.3):
Website Provider’s Name: EvoLaw, LLC
Website Provider’s Address: 120 Vantis, Suite 300, Aliso Viejo, CA 92656
Website Provider’s Number: (888) 906.4364
To lodge a complaint or dispute regarding EvoLaw’s Website and/or Features or to receive additional information regarding EvoLaw’s Website and/or Features, send us a letter to the above-referenced address or contact our Registered Agent for Service of Process, Kushner Carlson, PC at firstname.lastname@example.org (with a courtesy copy to email@example.com). Please be sure to add “California Resident Request” in your email’s subject line. You may also contact us via telephone at the above-referenced telephone number.
- GENERAL PROVISIONS
24.1. Notices. All notices required under these TOS shall be in writing and shall be delivered via certified mail, return receipt requested, at the addresses set forth below (or at any subsequent, as well as by any one of the following means: (i) via facsimile; and/or (ii) via electronic mail.
Michael B. Kushner, Esq.
Kushner Carlson, PC
85 Enterprise, Suite 310
Aliso Viejo, CA 92656
Fax No. (949) 421-3031
24.2. Entire Agreement. These TOS constitute the entire agreement between the Parties concerning the subject matter set forth in these TOS, and supersede all previous agreements, either written or oral concerning this subject matter. You acknowledge and agree that EvoLaw has made no other representations, warranties, agreements, or covenants which are not expressly set forth herein.
24.3. Waiver. No breach of any provisions in these TOS can be waived unless done so in writing and signed by the parties to be charged. Waiver of any one provision of these TOS shall not be deemed to be a waiver of any other provision, and waiver of any one provision shall not constitute an ongoing waiver of that provision.
24.4. Headings. The section headings which appear throughout these TOS are provided for convenience only and are not intended to define or limit the scope of these TOS or the intent or subject matter of its provisions.
24.5. Successors and Assigns. Your rights, interests and/or obligations under these TOS may not be assigned or delegated, in whole or in part, by operation of law or otherwise without the prior written consent of EvoLaw. Your assignment without such prior written consent shall be null and void. Subject to the preceding sentence, these TOS shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and assigns.
24.6. Interpretation / Arm’s Length. These TOS have been entered into at arm’s length. Accordingly, any rule of law or legal decision that would require interpretation of these TOS against the drafter, including without limitation, California Civil Code §1654, is not applicable and is irrevocably and unconditionally waived.
24.7. Applicable Law / Jurisdiction and Venue. These TOS shall be governed by and construed in accordance with the laws of the State of California, with exclusive venue in the County of Orange.
24.8. Severability. Each provision of these TOS are severable from the other provisions. If, for any reason, any provision of these TOS is declared invalid or contrary to existing law, the inoperability of that provision shall have no effect on the remaining provisions of these TOS, which shall continue in full force and effect to the fullest extent permitted by law.
24.9. Attorneys’ Fees. If any legal action is brought to enforce and/or interpret these TOS, whether sounding in contract or tort, the prevailing party shall be entitled to recover its actual attorneys’ fees and costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
24.10. No Joint Venture. Nothing contained in these TOS shall be deemed or construed as creating a joint venture or partnership between any of the Parties hereto.
24.11. No Third-Party Beneficiary. Nothing in these TOS are intended to confer any rights or remedies under or by reason of these TOS on any persons other than the Parties and their permitted respective successors and assigns. No provision of these TOS shall give any third-parties any right of subrogation or action over or against the Parties.
EvoLaw is not a law firm or a substitute for a lawyer. EvoLaw’s website, services, and/or features do not, nor should they ever be understood, to create or establish an attorney-client relationship of any kind.