TERMS & CONDITIONS
Thank you for using Radvocate. We are looking forward to helping you enforce your rights against companies that rip you off. It is important that you read and understand these terms, which govern your use of Radvocate, Inc.’s, and any of its affiliates’ (collectively “Radvocate”), services, software and website (“Services”).
You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with Radvocate in order to use the Services. You cannot use the Services if you are under 13 years old.
PLEASE CAREFULLY READ ABOUT THE RADVOCATE PROCESS PRIOR TO FILING A CLAIM. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE, AGREE TO AND INSTRUCT RADVOCATE TO FOLLOW THE PROCESS DESCRIBED HERE. BY FILING A CLAIM THROUGH RADVOCATE YOU WILL INITIATE THIS PROCESS. YOU REPRESENT THAT IT IS APPROPRIATE FOR YOUR ISSUE BASED ON YOUR OWN RESEARCH AND DELIBERATIONS. WHILE RADVOCATE WILL ATTEMPT TO CONNECT YOU WITH ATTORNEYS WHO WILL TAKE YOUR CASE AT NO ADDITIONAL COST, RADVOCATE IS NOT AN ATTORNEY AND DOES NOT EVALUATE WHETHER THIS PROCESS IS APPROPRIATE FOR YOUR ISSUE.
A. Who is who?
These terms and conditions are between you, the user of the Services (“I”, “my” or “me”) and Radvocate and we each understand and agree to these terms and conditions. I understand that Radvocate is a platform that helps me enforce my legal rights against someone else (“Counterparty”) about a good or service that I received from that counterparty (“Claim”). Radvocate is not an attorney or a law firm and it does not provide legal advice or legal services to me or anyone else. I understand that by using the Services I may be waiving or forfeiting other options available to me related to the claims.
To better help you pursue your claim, Radvocate connects you with attorneys who agree to represent you at no additional cost to you (our "Attorney Connection Service"). By connecting you with these attorneys, Radvocate is not recommending them or making any representation of their quality - it is up to you to evaluate them and decide whether you want to accept them. Some parts of these terms and conditions may benefit the attorneys who participate in the Attorney Connection Service. If Radvocate connects you to an attorney and you decide to use that attorney (your "Attorney"), you agree that your Attorney can enforce the portions of these terms and conditions that are designed to benefit him or her.
B. What will Radvocate do?
I understand that when I submit a claim through Radvocate I am starting a legal process against the Counterparty to enforce my legal rights against the Counterparty.
When I submit a claim Radvocate will send that claim to the Counterparty on my behalf and provide a platform that facilitates communication between me and the Counterparty to try to resolve the claim. More specifically, Radvocate will take the steps listed below when it receives my claim, unless it has been flagged as suspicious by either Radvocate or the counterparty, the claim has been resolved, or you become unresponsive. By submitting my claim, I'm instructing Radvocate to take the steps below as well as any additional steps described here or on the page at the following URL: myradvocate.com/the-radvocate-process. I understand that Radvocate will not exercise any discretion or make any changes to this process based on the details of my claim, and that Radvocate will continue following these steps until I tell it to stop.
Radvocate will send a letter for you to the Counterparty following the process for dispute resolution set out in the contract between you and the Counterparty, and will create a "dashboard" for you that will allow you to view the status of your claim and communicate with your Counterparty. Radvocate provides an example form letter for each type of claim that you can submit - available here. By submitting a claim through Radvocate, you are filling in the form letter for your type of claim, which will serve as the letter we send to your Counterparty. The form letters are just one possible way to phrase your claim and should only be used if they reflect your intended claim and request for relief. If the form letters are not appropriate for your claim, you may submit a letter in an unstructured form or pursue your claim through some other means.
If your contract with your Counterparty specifies that a certain number of days must elapse between the sending of the letter and the filing of an arbitration (a "waiting period"), Radvocate will wait the specified number of days before taking further action. If your contract with your Counterparty does not specify a waiting period, Radvocate will apply a 30 day waiting period.
Unless your Counterparty resolves your dispute through the Radvocate platform within the applicable waiting period, Radvocate will allow you to escalate your claim to arbitration upon the expiration of your waiting period. A consumer arbitration is a form of alternative dispute resolution that involves an unbiased third party hearing your claim and deciding the dispute between you and the counterparty - learn more about consumer arbitration here. Radvocate may, in some circumstances, pay your filing fees on your behalf. If Radvocate pays your filing fees, you agree that Radvocate will be entitled to any reimbursement of those fees. By agreeing to these terms and conditions you assign any right you have to reimbursement of the filing fee under your contract with the counterparty to Radvocate.
At any time before the consumer arbitration is filed, your Counterparty can send you a notice through the Radvocate platform. When that happens, Radvocate will send you an email at the contact information that you have provided notifying you of the notice. Your Counterparty may also contact you outside of the Radvocate platform to discuss your claim and offer a resolution. If you resolve your claim off of the Radvocate platform, you must log in and click “Mark As Resolved” in order to cancel the dispute.
Once your consumer arbitration has been filed, all interactions regarding your claim should be directed to the American Arbitration Association ("AAA"). Radvocate will provide you with a reference number that you can use to identify your claim to the AAA. You can learn more about what to expect after you claim has been filed here.
I understand and agree that regardless of the circumstances, Radvocate is not responsible for whether the claim is successfully resolved or for how long the process takes.
If you choose to work with an Attorney, your Attorney's decisions will replace Radvocate's process. Radvocate will no longer be responsible for following the steps described in this section, unless directed to do so by your Attorney.
C. What do I do?
I understand that by submitting the claim through Radvocate, Radvocate will do things and spend money processing my claim, delivering it to the counterparty and facilitating communication between me and the counterparty. I understand that, among other expenses incurred, Radvocate will pay the filing fee necessary to file my arbitration, and I agree that Radvocate is entitled to any reimbursement of that fee. I hereby assign any right I have to reimbursement of the filing fee under my contract with the counterparty to Radvocate. I agree that I will be responsible for the money that Radvocate spends (for example arbitration filing fees) trying to solve my claim and that Radvocate may recover these costs out of any amount I receive from the counterparty to fix my claim (“settlement”) (see “About the Money” below for more information).
I promise that the information I give to Radvocate and any Attorney will be accurate, true and it will not be misleading or false in any way, and that I take all responsibility for the information that I submit in my claim and that I provide to the counterparty through Radvocate.
I understand that Radvocate and the Attorney working on my claim (if any) rely on me for quick responses to its communications with me so that it can help to fix my claim as fast as possible. I agree to reply to Radvocate and the Attorney within a reasonable time when either of them needs more information from me or asks me to do something to progress the claim. I understand that if Radvocate or the Attorney does not hear from me for 2 weeks from when I am asked for information or to do something about the claim, Radvocate can cancel my claim.
I understand and agree that when I submit a claim through Radvocate it will send communications to the counterparty on my behalf. I understand that Radvocate does this as an intermediary and not as my agent and that Radvocate takes no responsibility for the content of those communications or their accuracy.
I understand that I am giving Radvocate my phone number when I sign up for its services and I authorize Radvocate to send me text messages and messenger messages, call me using any form of technology (including an autodialer or other computerized tool) and contact me in any other way using my phone number. I represent that the phone number that I am submitting is owned by me and I agree to indemnify Radvocate for any damages that Radvocate incurs as a result of my intentional submission of a phone number that is not owned by me. In addition to contacting me with information about my claim(s), radvocate may contact me with offers for services or other solicitations at the number I provide and using any of the technology described above. I understand that I may at any time (including prior to the submission of this form) deny or revoke my consent to receive calls, messages or texts regarding offers for services or other solicitations by sending an email containing my name and phone number to firstname.lastname@example.org.
I represent that I am not a citizen of the European Union and will not become a European Union citizen while I am bound under these terms and conditions. If I become a European Union citizen I will immediately notify Radvocate.
D. About the Money
I understand that Radvocate does not charge a fee for its service unless I receive a settlement from the counterparty. Unless I decide to work with an Attorney through the Attorney Connection Service, I understand and agree to pay Radvocate 30% of any monetary settlement I get from the counterparty (“fee”), which may be paid directly to Radvocate by the counterparty. If the counterparty does not pay Radvocate directly, I promise I will pay Radvocate its fee.
If I choose to work with an Attorney through the Attorney Connection Service, I agree, subject to the conditions of the Engagement Agreement, to pay 30% of any monetary settlement or award I get from the counterparty to that Attorney (instead of - and not in addition to - Radvocate).
I understand that Radvocate processes my claim, and does not provide legal advice or recommendations on the settlement amount. From time to time Radvocate may provide historical data that it has collected about monetary settlement amounts that I can use at my own discretion. I understand that these data are not based on my specific circumstances and are not legal advice.
Radvocate’s fee is subject to a 100% satisfaction guarantee - if you aren’t completely satisfied with our service, then you don’t have to pay Radvocate anything. We can only extend this guarantee to the services provided by Radvocate - if you choose to be connected with an attorney, the attorney’s payment may not be covered by a similar guarantee.
E. Attorney Connection Service
In order to best help me resolve my dispute, Radvocate may connect me to one or more attorneys who are interested in taking my case at no additional cost to me (see Section D above for more about the money). Radvocate may share my information with any attorney who enters into Radvocate's Attorney Connection Service. Radvocate will do its best to connect me with an attorney; however, I understand that Radvocate may not be able to locate an attorney willing to take my case and that Radvocate has no obligation to do so. I UNDERSTAND THAT RADVOCATE IS NOT RECOMMENDING OR MAKING ANY REPRESENTATIONS ABOUT THE ATTORNEYS IN THE ATTORNEY CONNECTION SERVICE, AND THAT IT IS MY RESPONSIBILITY TO RESEARCH ANY ATTORNEYS THAT REACH OUT TO ME.
If I choose to work with an Attorney, that Attorney will be responsible for pursuing my claim, and Radvocate will no longer take the steps described in Section B unless instructed by the attorney. If Radvocate cannot connect me with an attorney to take my case, Radvocate will follow continue to follow the process described in Section B above, and I will be responsible for negotiating with the company on or off of the Radvocate platform and, if necessary, making my case to an arbitrator.
If I choose to work with an Attorney through the Attorney Connection Service, I agree to enter into an engagement letter similar to the one in Section E(5) below. The terms of the engagement letter I enter into (the "Engagement Agreement") will govern my obligations to that attorney and that attorney's obligations to me.
If I am choose to work with an Attorney through the Attorney Connection Service, Radvocate will waive its fee so that my attorney won't cost me anything extra (see Section D(2) above for more on that); however, Radvocate will still be pay all filing fees and will be entitled to their reimbursements (as described in Section C(1) above).
Unless I agree to something different with my Attorney, Radvocate will provide a form engagement agreement substantially similar to the following that I may choose to enter into with my Attorney:
Parties: This Engagement Agreement is between me and my Attorney.
Scope of Services: My Attorney will be responsible for (a) evaluating my claim and drafting a demand letter to the counterparty that states the legal basis for my claim and reasonably calculated damages; (b) negotiating on my behalf with the counterparty, directly or through the counterparty's representatives; (c) evaluating and advising me on the legal risks and benefits of any settlement offer and associate settlement letter or agreement; (d) filing any paperwork necessary to escalate my claim to consumer arbitration (either directly or through Radvocate); (e) attending by phone a preliminary arbitration hearing; and (f) preparing one brief regarding the legal basis for my claim that can be used for a documents-only arbitration. My Attorney will not be responsible for (a) any in-person appearances of any sort; (b) drafting any letters or agreements other than the demand letter; (c) incurring any out-of-pocket expenses during my representation; (d) representing me in any appeals process; or (e) providing any advice or services not listed in the previous sentence.
Obligations of Client: In addition to all other obligations specified herein, I will be truthful with my Attorney, promptly respond to requests for information or action (in accordance with Section 5 - "Contact" - below), alert my Attorney of any changes in circumstances material to my claim, including changes to my contact information.
Payment: My Attorney will spend time and energy pursuing my claim, and will be entitled to reasonable compensation. I agree that, unless agreed to by my Attorney, I will only enter into a settlement agreement that provides compensation for my Attorney. I agree that my Attorney can pursue reasonable attorney's fees from the counterparty, including making a demand for such fees in any demand letter or filing. If any settlement or award does not include payment of reasonable attorney's fees, then my Attorney will be entitled to 30% of any monetary settlement or award that I receive. For the avoidance of doubt, the term "monetary settlement" will include the fair market value of any hardware or other goods included in the settlement and the dollar value of any account credits that can be withdrawn from an account.
Contact: My Attorney will respond to reasonable requests for information, updates and advice, in each case directly related to my claim, by email. I agree not to send excessive or unreasonable requests to my Attorney. My Attorney may contact me by email, phone, text or mail, and I agree to promptly respond to any requests for information or participation from my Attorney. I agree that my Attorney may contact me through Radvocate or other automated services.
Information: Certain information that I share with my attorney may be protected by attorney client privilege; however, I understand that any information that I share with Radvocate is not. I give my Attorney permission to include information about my claim and any award or settlement received in aggregated, anonymous data shared with Radvocate, and to share other anecdotal information about my claim with Radvocate in an anonymized form.
Termination: This relationship will terminate upon the earlier of (a) the payment of an award or settlement from the counterparty in compensation for the damages described in my claim; (b) the delivery of a decision by an arbitrator not requiring the payment of an award; (c) my delivery of notice to the Attorney that I wish to terminate this relationship without cause (in which case Section 4 - "Payment" - shall survive termination) or with actual cause (in which case this entire agreement shall terminate); or (d) upon my Attorney delivering notice to me that he or she is terminating this relationship in accordance with any applicable ethical rules or regulations.
Choice of Law: This relationship will be governed by the law of the state in which my Attorney is licensed or, if my attorney is licensed in multiple states, the state in which he or she resides.
F. My liabilities, indemnities and other important stuff
I will read this section carefully. It affects my rights.
This bit can get a little bit wordy, so I promise to ask someone to help if I do not fully understand it.
In short, I agree to use the Services at my own risk. The information, software, products, and services made available through Radvocate or its affiliates may include inaccuracies or typographical errors. Radvocate and/or its suppliers may at any time make improvements or changes to Radvocate’s Services. Information received via Radvocate should not be relied upon for personal, legal, or financial decisions. I will consult an appropriate professional for specific advice tailored to my situation.
TO THE FULLEST EXTENT PERMITTED BY LAW, RADVOCATE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." RADVOCATE ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE OR RADVOCATE’S COMMUNICATIONS WITH ME SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND I WILL CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO MY SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RADVOCATE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT RADVOCATE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
RADVOCATE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY ME TO RADVOCATE FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION, WHICHEVER IS LOWER.
On behalf of me and my heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Radvocate, and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to my use of the Service. I agree that this release has been freely and voluntarily consented to and I confirm that I fully understand what I am agreeing to.
I agree to indemnify and hold Radvocate and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to my use of the Service or the information I provide to Radvocate, my violation of these terms and conditions or my violation of any rights of another.
Ok that bit is over, sorry about all the words.
G. How do we end this agreement?
Both parties can end these terms and conditions, and the Services, for convenience on notice to the other person at any time.
Any indemnity is independent and survives termination of the terms and conditions. Any other term by its nature intended to survive termination of the terms and conditions survives that termination, including the ‘My liabilities, indemnities and other important stuff’, ‘How do we end this agreement?’ and ‘Extra stuff’ sections.
H. Extra stuff
A notice under these terms and conditions must be in writing, in English and signed by a person duly authorised by the sender; and hand delivered, sent by prepaid post, facsimile or email:
If to you, at the address that I provide to Radvocate.
If to Radvocate, at 2323 Broadway, Oakland CA 94612.
A notice that follows the instructions in this agreement takes effect 2 days after sending, unless the receiver proves that the Notice was not received by the person it was addressed to.
I agree that Radvocate may change its terms and conditions from time to time by updating the terms and conditions on its website.
These terms and conditions are the entire agreement between Radvocate and me in connection with its subject matter and supersedes all previous agreements or understandings between the me and Radvocate in connection with its subject matter.
A term or part of a term of these terms and conditions that is illegal or unenforceable may be severed from the terms and conditions and the remaining terms or parts of the terms of the agreement will continue in force.
Except where the agreement expressly states otherwise, the agreement does not create a relationship of employment, trust, agency or partnership between me and Radvocate or its personnel.
A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
Assignment and novation
I will obtain the prior written approval of Radvocate to assign, novate or otherwise transfer this agreement or any part of it.
Radvocate may assign, transfer or novate its rights and obligations under the terms and conditions from time to time.
These terms and conditions are governed by the laws of California and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of California and the courts having appeal from them.