Terms of Use

Last Updated: September 24, 2024

Ownership of Website; Arbitration; Agreement to Terms of Use

This Terms of Use Agreement (“Agreement”) is made and entered into by and between Revision Legal, PLLC, a professional limited liability company organized under the laws of the State of Michigan (“Revision Legal”), and you (“you” or “your”), the user of the Revision Legal website and its associated services (collectively “Website”). This Agreement will be effective when you browse the Website, accept cookies from the Website, and/or agree to this Agreement by submitting communications through our Website, and your continued use of the Website or submission of communications to us through the Website constitutes your manifestation of assent to the terms of this Agreement. If you do not wish to be bound by the terms of this Agreement, you must not contact us through or use the Website.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND REVISION LEGAL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Revision Legal’s Ownership of Content and Trademarks

You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Revision Legal. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by Revision Legal.

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by Revision Legal, including, but not limited to, REVISION LEGAL, are common law or registered trademarks owned by or licensed to Revision Legal. You are expressly prohibited from using the trademarks of Revision Legal to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Revision Legal in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

Your Use of the Website

Conditional upon your adherence to the terms of this Agreement, Revision Legal grants you a limited, non-exclusive, non-transferable, worldwide, and revocable license to use the Website in its executable, and non-source code, form and for its customary and intended purposes. The customary and intended purposes of the Website are limited to its use to review information published on the Website, to communication with Revision Legal, or to purchase services through the Website.

As a condition of the license granted to you under the terms of this Agreement, and except where otherwise expressly allowed under the terms of this Agreement, you are expressly prohibited from the following:

  1. Attempting to access the Website other than through a standard web browser unless You have been permitted to do so by Revision Legal through a separate, written agreement (this restriction does not apply to search engines that comply with Revision Legal’s robots.txt file);
  2. Utilizing the Website’s content to train artificial intelligence, machine learning tools, or large language models;
  3. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with Revision Legal’s robots.txt file);
  4. Distributing, framing, emulating, cloning, publishing, displaying, selling, assigning, sublicensing, renting, leasing, loaning, modifying, publicly displaying, publicly performing, creating derivative works of, translating, or adapting the Website;
  5. Decompiling, reverse engineering, disassembling, or hacking the Website;
  6. Scraping, caching, or utilizing the Website through a proxy;
  7. Sharing your User Account credentials with others or providing unauthorized access to your User Account;
  8. Circumventing the Website’s technology protection measures;
  9. Infringing upon the intellectual property or other proprietary rights of Revision Legal;
  10. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
  11. Exporting the Website in violation of the export controls or regulations of the laws of Your country or any other country’s laws or regulations;
  12. Using the Website to violate any applicable law, statute, regulation, ordinance, or treaty, whether national or international;
  13. Using the Website to violate the rights of third parties, including, but not limited to, personal and proprietary rights;
  14. Removing or altering any proprietary notices contained within the Website, including, but not limited to, copyright and trademark notices; or
  15. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Your Representations and Warranties

When using the Website, you warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

User Accounts

Revision Legal may provide you with the ability to register a user account (“User Account”), which will provide with additional access to the Website or its associated services, including the ability to submit information to us for the purposes of obtaining services.

Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Revision Legal immediately. You expressly agree and understand that you are prohibited from allowing any third party to use your User Account. You are also prohibited from using any other user’s User Account. You may be held liable for losses incurred by Revision Legal due to someone else using your User Account or as a result of your failure to keep your User Account information secure and confidential. Revision Legal reserves the right to restrict access to, suspend, disable, or delete Your User Account at any time, in its sole discretion, and without warning.

Revision Legal may provide you with the ability to submit ideas to Revision Legal through the Website. If you submit ideas to Revision Legal, you agree that any ideas that you submit to Revision Legal will automatically become the property of Revision Legal and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to Revision Legal. You understand and agree that Revision Legal may use or redistribute any ideas that you submit to Revision Legal for any purpose and in any way and that Revision Legal has no obligation to keep any ideas submitted to Revision Legal confidential.

Privacy and Data Processing

In your use of the Website, Revision Legal may collect personal or personally identifiable information from you. you warrant and agree that, for any personal or personally identifiable information that you transmit to Revision Legal, you have adequate rights to transmit that personal or personally identifiable information to Revision Legal and that doing so does not violate any law, statute, regulation, ordinance, or treaty, whether local, state, national, provincial. Revision Legal has adopted its Privacy Notice to ensure that you understand the type of information that it collects, when it collects it, how it uses it, and your right of access to it.

Ordering; Payment; Taxes

All payments for services offered through the Website are earned upon receipt and, except were expressly provided for under the terms of this Agreement, non-refundable. Payment for all services placed through the Website must be made at the time of request. You understand and agree that any prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Revision Legal until Revision Legal accepts your invitation to deal by performance, specifically, by performing the requested services. Pricing errors will not constitute a contract between you and Revision Legal, and Revision Legal strives to quickly correct any pricing errors on the Website when discovered. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of services through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Revision Legal is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Revision Legal’s payment processor. You agree that you will not initiate any chargebacks to Revision Legal unless otherwise authorized by Revision Legal in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Revision Legal. Revision Legal will report as income all payments received from You to Revision Legal to all proper taxing authorities.

Mobile Messaging Service Terms and Conditions

Revision Legal may, from time to time, use a mobile message service (the “Service”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from Revision Legal via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You’ll receive a one-time opt-out confirmation text message.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Third Party Websites

You acknowledge and agree that the Website may contain links to third party websites or content that Revision Legal does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Revision Legal will not be responsible for websites not under the ownership or control of Revision Legal.

Term and Termination

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Revision Legal terminates your access to the Website; or (ii) you cease using the Website and terminate any associated User Account. Revision Legal reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

Consumer Rights Information; California Civil Code Section 1789.3

If this Website charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this Website. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry:

Revision Legal, LLC
444 Cass St., Suite D
Traverse City, Michigan 49684
United States of America
john@revisionlegal.com

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.

Disclaimer of Warranties and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT REVISION LEGAL WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT REVISION LEGAL’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

Indemnification

You agree to indemnify, defend, and hold harmless Revision Legal, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use or misuse of the Website, (ii) your use or misuse of services purchased from the Website; (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Revision Legal will not provide you with the ability to control Revision Legal’s defense, and Revision Legal reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

Arbitration and Choice of Laws

You agree that any dispute, claim, or controversy arising out of or in relation to this Agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and Revision Legal, the parties agree that the arbitrator will decide that issue. Notwithstanding the foregoing, You and Revision Legal each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under Michigan law and will be heard exclusively in the state and federal courts located in or with jurisdiction over Traverse City, Michigan

You and Revision Legal agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction and shall be enforceable consistent with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly referred to as the 1958 New York Convention. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. The arbitrator will apply the laws of the State of Michigan and the federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND REVISION LEGAL EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Force Majeure

Revision Legal will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Revision Legal’s control, such as acts of God, war, riots, fire, pandemic, terrorist attacks, power outages, severe weather, or other accidents.

Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Revision Legal.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Revision Legal reserves the right to assign its rights and duties under this Agreement, including in a sale of Revision Legal, its assets, or the Website.

Waiver and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

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