COPARENTER PROFESSIONAL ADVISOR USER AGREEMENT
Hypehnus, Inc., a Delaware corporation, d.b.a. coParenter (“coParenter”, and also referred to herein as “us” or “we”) starts every new User relationship with a contract. The contract spells out what you can expect from us, and what we expect from you. We do not know each User personally, so it is important to set out the ground rules clearly in advance.
If you agree to this contract, welcome to our Service!
If you have any questions about any part of the contract, please contact us about it! We will be glad to explain why these contract provisions are important for our Service. We would like to work with you on making changes if you can show us a better approach.
Please remember that until there is an agreement in place, you will not receive full access to our coParenter Platform.
In this Agreement, we have referred to the coParenter Platform as the “Service”, to you as the “coParenter Professional,” to the co-parents/clients using the Service as the “User” and to this contract as the “Agreement.” In some provisions herein, pursuant to which representations, warranties, disclaimers, agreements and obligations are made, the terms “User” and “Users” shall include the coParenter Professionals.
II. Relationship Between coParenter And User: Providing Only a Venue
coParenter’s mobile application Services include tools designed to help separating, divorced, and never married parents to manage communication, parenting plans and scheduling, as well as shared expenses, contacts and other critical information related to raising healthy, happy kids. The co-parents also have the option of uploading, storing and searching for relevant legal documents (such as court orders, judgments and agreements). coParenter also provides referral information about professional advisors, like you, who may be mediators, attorneys, counselors, therapists or other professionals offering similar services to divorced parents with children (“coParenter Professionals”). coParenter acts as a venue for co-parent Users (Users) and coParenter Professionals (Professionals) to exchange information with the goal of eventually forming a professional relationship between one or both Users and the Professional. In some cases, a coParenter Professional may be retained by only one of the co-parents, and in other cases, such as the mediation of some dispute, the coParenter Professional may be retained to represent or work with both co-parents. Although coParenter strives to facilitate the establishment of Professional-User relationships, coParenter cannot guarantee that Users will successfully find professional representation or retention through the Service. coParenter takes no position and offers no opinion on when or if a Professional-User relationship outside of the Service has been formed.
In order to provide an optimal forum for Users, coParenter does not involve itself in the creation of any agreements between coParenter Professionals and co-parent Users or the actual representation between such parties outside of use of the Service. Therefore, we cannot ensure the completion of an agreement or the integrity of either party. The User, and not coParenter, is solely responsible for assessing the integrity, honesty, and trustworthiness of any and all coParenter Professionals with whom the User communicates on the Service.
Disclaimer of attorney-client relationship
Any form of use of the Service by a User or potential User is not intended to and will not create an attorney-client relationship between any person or entity and coParenter. Any electronic communication sent to coParenter will not create an attorney-client relationship between the User and coParenter, such being expressly denied.
coParenter does not screen or vouch for any of its Users
Providing a service where potential Users can meet does not imply an endorsement of any coParenter Professional. coParenter makes no representation concerning a coParenter Professional’s qualifications, nor does it sanction statements a coParenter Professional may post on the Service. coParenter does not screen potential cases, or otherwise channel potential co-parents to coParenter Professionals.
coParenter does not provide legal advice
coParenter is not a law firm. coParenter offers no legal advice, recommendations, mediation, or counseling under any circumstance. coParenter encourages the User not to accept any information received from any source found on this Service as legal advice, unless it is from an attorney the User has retained.
Disclaimer of representations by Users
coParenter makes no representation, guarantee, or warranty (express or implied) as to the professional ability, competence, or quality of representation which may be provided by any of the coParenter Professionals who may be listed through the Service.
III. coParenter Professional Guidelines
In order to keep this Service attractive and useful for all users, it is important that coParenter Professionals follow the rules of the Service. Some of these rules are described in this Agreement, and the rest in bulletins posted at various points in the Service. coParenter reserves the right to deny further access to its Service to any coParenter Professional who violates these rules, is the subject of complaints by other coParenter Users, for any other reason, or for no reason at all.
coParenter Professionals shall complete all training provided by coParenter from time to time on the use of the Service, which will include best practices on engaging with co-parents and Users to resolve co-parenting issues and problems. coParenter Professionals shall also provide feedback to coParenter, promptly respond to surveys, phone calls, emails and other communications from coParenter.
coParenter Professionals are encouraged to pursue formal professional relationships with co-parent Users through the use of the Service, and continue to provide additional representation or assistance to the User, if requested, even when those services are outside of the scope of services initiated through the Service. coParenter Professional agrees to report all such professional relationships to coParenter, even if no reciprocal fee arrangements are in place between coParenter Professional and coParenter, and the total amount of all fees paid to the coParenter Professional. coParenter Professional shall take no action whatsoever to conceal the nature or existence of any such professional relationships with parties who were introduced to coParenter Professional through the use of the Service, nor to hide or conceal any basis for an obligation to compensate coParenter as a result of such relationships.
coParenter Professionals may not engage in any of the following activities on our Service:
- do or say anything to injure or harm others
- display material containing nudity or pornographic material of any kind
- provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
- promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual
- defame any person or group
- display material that exploits children under 18 years of age
- violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the Service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation)
- violate Internet standards
- use the Service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other’s privacy
- interfere with or disrupting the Service or servers or networks connected to the Service by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email
- encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes
- compromise the security of the Service coParenter provides. Do not try to gain access to Service areas private to coParenter, or to other Users.
As part of our service to all Users, coParenter may provide a forum for clients to comment on their experiences with the professionals reached by using the Service. Comments posted on the comment board will be available for review by all coParenter Users and potential Users. While we encourage open and unrestricted use of the forum, we do not tolerate offensive conduct. When using the discussion forum to comment on your experiences, please keep the comments accurate, constructive and civil. Bear in mind that use of disparaging and defamatory comments does not serve the purpose of the forum and may result in legal liability to the User. coParenter reserves the right to terminate this Agreement and restrict future access to the Service to Users who post comments that are defamatory, hostile, vulgar, or otherwise distasteful.
V. Disclaimer of Information Obtained on the Service
coParenter provides Users with a forum that functions as an open market. coParenter is not responsible for the content of materials posted on its Web sites or mobile apps. The opinions and views expressed are those of the individual Users of the Service and do not reflect those of coParenter. Data submitted by other Users (both coParenter Professionals and co-parents) is not verified or reviewed in any way before it appears on the coParenter Web site or mobile apps. coParenter does not warrant the validity or accuracy of any such information. Please use caution and common sense when using this site or the mobile apps.
coParenter does not continuously review the standing of any coParenter Professional with any regulatory authority. When considering employing any coParenter Professional, Users should check the coParenter Professional’s standing with any applicable licensing association or agency.
Users are urged to make their own independent investigation and evaluation of any coParenter Professional being considered. The determination of the need for services and the choice of representation are extremely important decisions and should not be based solely on advertisements, claims of expertise, or on the cost of rendering the requested services.
coParenter is not responsible for, and in no way endorses, any description or indication of specialization by coParenter Professional. Please be aware that no agency or board may have certified such coParenter Professional as a specialist or expert in any indicated field. In addition, a coParenter Professional claiming specialization is not necessarily any more expert or competent than other coParenter Professionals. It is up to the User to question the coParenter Professional on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.
Users are encouraged to use caution when reviewing any information submitted by coParenter Professionals and other parties. Although coParenter strongly encourages coParenter Professional to comply with all regulations governing professional conduct, it is impossible for coParenter to monitor coParenter Professionals’ integrity or compliance with applicable rules of conduct.
coParenter in no way endorses the content or legality of any responses, statements, or promises made by coParenter Professionals or any other parties, on or off this site.
coParenter makes every effort to maintain the confidentiality of any information submitted by Users to our Service and our database of Users. However, because coParenter cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the Service. Do not make any confessions or admissions. Do not use proper names or addresses, unless requested by coParenter. Do not provide any other highly personal, sensitive, or incriminating information. coParenter is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the Service.
User agrees that coParenter Professionals contacted by User through the Service may report to coParenter on whether their services were engaged by the User and the total fees paid.
VII. Confidentiality of Communications
User understands and agrees that the confidentiality of communications between Users (co-parents and coParenter Professionals) and coParenter will depend upon the context and circumstances of the communications, as described below.
Communications between Co-Parents
All written and verbal communications between co-parents participating in the Service are NOT confidential and may not be construed as privileged settlement communications. Users agree that none of these communications shall be construed as communications, negotiations, or settlement discussions by and between participants in a mediation or mediation consultation under California Evidence Code §§ 1115 to 1128, K.S.A. 60-452a or Rule 408, Fed. R. Evid., or the comparable evidentiary or discovery rules of the jurisdiction where the case is pending, even if a mediation is conducted subsequently through a mediator or other professional advisor associated with the coParenter Platform.
Communications in the Course of Delivering Professional Services and Mediation
All advisory services and mediation proceedings conducted between Users and coParenter Professionals as part of the Service are confidential and subject to California Evidence Code Sections 1115-1128 and 703.5, K.S.A. 60-452a, or Rule 408, Fed. R. Evid., or the comparable evidentiary or discovery rules of the jurisdiction where the case is pending. All communications with the coParenter Professional and between the coParenter Professional and the parties (including, for example, letters, emails, Get Help requests and phone calls) are privileged and not admissible in court or subject to discovery. Pursuant to applicable law, and other than as stated in California Evidence Code §1123 or the comparable evidentiary or discovery rules of the jurisdiction where the case is pending (e.g., confidentiality will not apply to any written agreement signed by both parties incorporating settlement of any or all issues), anything said or communicated as part of the advisory or mediation process (including, for example, concessions, offers of settlement, suggestions by the coParenter Professional, admissions by either party, or any other aspect of communications within the advisory or mediation process made for the purpose of settlement) may not be used in any subsequent court proceeding or at any other time. The coParenter Professional may not be called as a witness or expert in any legal proceeding, nor will his/her notes and/or memoranda be discoverable by either party in any legal proceeding. The coParenter Professional’s notes, memoranda and any and all other written material created during the advisory or mediation process (except court pleadings and signed agreements) will not be released to either party under any circumstances, and the coParenter Professional may destroy said materials at his/her discretion. The other terms and conditions of advisory services or mediation will be explained to the parties by the coParenter Professional and documented in disclosures and/or agreements to be executed between such parties and the coParenter Professional.
Safety Exceptions to Confidentiality
Users understand that coParenter and its associated coParenter Professionals, who may include therapists, social workers, attorneys and mediators, have an ethical and legal responsibility to break confidentiality and report to the appropriate agency or legal authority under the following conditions:
- If he or she has a reasonable suspicion that a child is suffering from emotional abuse, physical abuse or neglect; or
- If he or she has a reasonable suspicion that an identifiable person is a danger to himself or herself or to another.
Consequently, coParenter and its associated coParenter Professionals reserve the right to notify the police, child protective services, or any other appropriate agency or legal authority in the event he or she feels it would be appropriate to do so, in their sole discretion. Safety is of the utmost importance and even a hint of violence will not be tolerated.
coParenter May Not Testify
Users agree not to call or subpoena coParenter, or any of its officers, employees, agents or representatives to (i) testify in court, arbitration, deposition or other similar proceeding or respond to any discovery request, (ii) authenticate any communications made using the Service, or (iii) produce any document or provide evidence of any communications made by any User or coParenter in connection with the Service. Users acknowledge and agree pursuant to California Evidence Code §1127, the comparable evidentiary or discovery rules of the jurisdiction where the case is pending, or by this Agreement, to pay all attorney’s fees and costs incurred by coParenter or any of its officers, employees, agents or representatives, if you seek to compel any of them to testify, respond to discovery, authenticate communications or produce documentation, as described above.
No Legal Advice
Users understand that neither coParenter, nor any of its officers, employees, agents, representatives or coParenter Professionals, will review or evaluate proposals, settlements or other agreements for legal sufficiency or compliance, draw legal conclusions, provide legal advice, opinions or recommendations about legal rights, remedies, defenses, options, or strategies, or apply the law to the facts of a particular situation. coParenter is not a law firm and may not perform services performed by an attorney. coParenter, and it products, applications and services are not a substitute for the advice or services of an attorney.
The User agrees that coParenter is not responsible for any harm that this Service may cause. The User agrees to indemnify, defend, and hold coParenter harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney’s fees and costs. The User also agrees that this defense and indemnity shall apply to coParenter, its affiliates, directors, officers, employees, agents and other representatives. coParenter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of coParenter.
IX. Communications and Other Data
coParenter is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.
X. Other coParenter Rights
coParenter also reserves the following rights:
- to deny service to offenders of these guidelines or the Agreement.
- to terminate or deny service to anyone for any reason or no reason.
XI. Modifications to Terms of Service
coParenter may change the Agreement at any time. The User will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the service will indicate acceptance of the new terms and conditions.
XII. Modifications to Service
coParenter reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User or coParenter Professional. The User and coParenter Professional agrees that coParenter shall not be liable to the User or any third party for any modification or discontinuance of the Service. The User and coParenter Professional acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that coParenter may immediately delete data and files in the User’s account and bar any further access to such files or the Service.
XIII. coParenter’s Proprietary Rights
coParenter owns certain things on this Service, including the ‘look and feel’ of the Service, the name of the Service, and the collective work copyright in sequences of public messages on the Service. Users cannot reproduce any message thread from the Service, either electronically or in print, without coParenter’s permission and the permission of all participants in the thread. This is not a complete list — other things on the Service are also coParenter property. Contact coParenter before copying anything from the Service with plans of reproducing it or distributing it.
The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Service or information presented through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by coParenter, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that coParenter can display images and text throughout the Service.
XIV. Disclaimer of Warranties and Limitation of Liability
A great danger for coParenter, and for all operators of online or mobile app systems, is that we might be held accountable for the wrongful actions of our Users. If one User libels another User, the injured User might blame us, even though the first User was really at fault. If a User uploads a program with a computer virus, and the other Users’ computers or mobile devices are damaged, we might be blamed even though a User left the virus on our Service. If a User transmits illegal or improper information to another User, we might be blamed even though we did nothing more than unknowingly carry the message from one User to another. Accordingly, we need all Users to accept responsibility for their own acts, and to accept that an act by another User that damages them must not be blamed on us, but only on the other User.
Although it is coParenter’s goal to provide Users with a reliable, quality system, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this Service available to Users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, coParenter must deny any warranties on this Service and insure that our liability for any problems connected with the use of our Service is strictly limited.
These needs are accomplished by the following disclaimers:
DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COPARENTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COPARENTER MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES COPARENTER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. COPARENTER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE OR REFERRALS TO COPARENTER ADVISORS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM COPARENTER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
THE USER AGREES THAT COPARENTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR ORE REFERRALS MADE OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF COPARENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT COPARENTER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
XV. Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
Most concerns can be resolved quickly and to the User’s satisfaction by calling our Customer Care Center at . In the unlikely event that the coParenter Customer Care Center is unable to resolve your complaint to your satisfaction (or if coParenter has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration hereunder will take place on an individual basis; class arbitrations and class actions are not permitted.
(a) coParenter and User agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
For the purposes of this Arbitration Agreement, references to “coParenter,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under this agreement or any prior agreements between us. Beneficiaries include, but are not limited to, children of a User who may be considered a beneficiary of any plans or agreements developed using the Service.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and coParenter are each waiving the right to a trial by jury or to participate in a class action. This Agreement, and any prior agreements, evidence a transaction or website use or mobile app use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive the termination of these agreements.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to coParenter should be addressed to: Notice of Dispute, General Counsel, (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If coParenter and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or coParenter may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by coParenter or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or coParenter is entitled.
You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. (There is a separate form for California residents, also available on the AAA’s website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)
(c) Each Party shall equally split the costs of arbitration. The arbitration will be governed by the Commercial Arbitration Rules (for coParenter Professional Users) or the Consumer Arbitration Rules (for co-parent User) (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Any and all arbitration hearings and small claims actions will take place in Riverside County, California. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which coParenter was a party.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of coParenter’s last written settlement offer made before an arbitrator was selected, then coParenter will:
- pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).
If coParenter did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of coParenter’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before coParenter’s settlement offer.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Nothing herein shall be construed as a waiver by coParenter of its right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND COPARENTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and coParenter agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other Users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
Nothing contained in this Agreement shall be deemed to constitute either party as a partner, joint venture or employee of the other party for any purpose whatsoever. User is an independent contractor and shall be solely responsible for the manner in which its services are provided to Users under this Service, and for the payment of federal and state income taxes, SDI, Medicare, social security, worker’s compensation and unemployment insurance.
Users can reach our Service from all fifty states and around the world. Each of these places has a different set of laws. Since coParenter cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and coParenter shall be governed by the laws of the State of California without regard to its conflict of law provisions.
If coParenter fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that coParenter has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
We appreciate your interest and support and we welcome you to our community!