Terms of Service

Angel Twin Terms of Service

These Terms of Service contain an arbitration provision and class action waiver. Please review the Arbitration section for details.
These Terms of Service ("Terms") govern your use of the https://angeltwin.com/ website, and other websites on which these Terms are posted (collectively, the "Site"), the Angel Twin chatbot, online platform service, application programming interfaces (APIs), and associated features, content and services offered by us (collectively, the "Services"). Angel Twin Incorporated ("Angel Twin" "Company" "we" "our" "us") provides the Site and Services. "You" refers to you as a user of the Site or Services.

OVERVIEW

Angel Twin is an Ai that is monitored by humans, and is intended to facilitate commercial transactions by virtue of collecting and processing data and documents from users of Angel Twin in connection with a user's application relating to commercial transactions, including without limitation, the underwriting of financial service related transactions (collectively, the “Services”). The Site and Services may interact with Third Party Platforms (defined below) in order to facilitate your requests.

ELIGIBILITY

To use the Site or Services, you must be the greater of: (i) 18 years old; or (ii) the age of majority in your state or jurisdiction of residence. Further, you represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties. You may not use the Site or Services if they are prohibited or unlawful in your jurisdiction. If you are agreeing to these Terms on behalf of any other organization, entity, or co-applicant, you represent and warrant that you are duly authorized to agree to these Terms on behalf of that organization, entity, or co-applicant and bind them to these Terms (in which case, the references to 'you' and 'your' in these Terms, except for in this sentence, refer to that organization, entity, or co-applicant).

YOUR ACCOUNT

Certain aspects of the Services may require you to create an account. You agree that any information you provide and maintain (the “Account Data”) is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness. You agree that we may take steps to verify the accuracy of information you provide. We may suspend or terminate your Account and your ability to use the Site and Services if you engage in, encourage, or advocate for illegal conduct or if you fail to comply with these terms or any Additional Terms (defined below). You accept, to the extent permitted by law, all risk of unauthorized access to the Account Data and any other information you provide to us.
You are responsible for maintaining the confidentiality of your Account information, including your username and password. You are responsible for all activities that occur under your Account, and you agree to notify us immediately of any unauthorized access or use of your Account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your Account.
By registering as a user on the Site you expressly authorize Angel Twin to access certain third-party websites and accounts on your behalf, to retrieve personal information and other information about you for any legitimate business purpose, subject to applicable law and our Privacy Policy.
You agree that we may collect and use technical and usage data and related information about your computer or mobile device (where applicable), date and time of Site access, system and website software, and peripherals to facilitate the provision of product support and other services to you. You grant permission to use this information to improve products and to provide services or technologies to you. Features of the Site may request access to information contained or generated in your computer or mobile device. If you deny access to these functions the Site may not work as designed. For more information on how we collect, use, transfer, store and share your online data and personal information, and how you can manage your online privacy choices, please see our Privacy Policy

PAYMENT

Some of our Services may be subject to a fee, the amount of which will be made available to you when you sign up for a particular Service. You agree to pay any applicable fees in accordance with the payment terms presented at the time you sign up for Services.
Without limiting the foregoing, you are required to pay for all out-of-pocket expenses including but not limited to third-party charges for credit reports, overnight courier, postage and printing. Your credit card will be charged $75 up front to cover those charges. At the completion of the assignment, if there are any unused portions of those funds, a refund will be issued to the same payment method. Some states require signed agreements completed before service is rendered. There is no guarantee that credit will be or can be boosted. Angel Twin is not a debt management company or a collection agency, and doesn't collect money to be paid over to creditors or offer any counseling or consulting services on the debts/scores. Angel Twin will provide assistance to dispute certain accounts listed in the consumer's credit report that the consumer believes to be inaccurate.

5. ADDITIONAL TERMS

Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to and are bound by the Additional Terms.
Without limiting the foregoing, the TRU Approval terms are Additional Terms, and by using the TRU Approval services, you agree to and are bound by those Additional Terms.

6. ACCEPTABLE USE OF THE SITE AND SERVICES

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:
  • Violate any law or regulation;
  • Violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
  • Send or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services whether through automatic, manual, or other means not purposely made available by us, including to develop or improve any software program, algorithm, or machine learning or artificial intelligence model;
  • Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • Stalk, harass, or harm another individual;
  • Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • Sell, resell, lend, loan, lease, license, sublicense or transfer any of your rights to access or use Services, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make the Services, or access thereto, available to any third party;
  • Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials the Services, our Marks or other proprietary information without our express written consent;
  • Use the Services to build a competitive product or offering, or other service that substantially replicates any features of the Services;
  • Make the Services, or any materials or content provided hereunder, available in any manner to any third party for use in the third party's business operations;
  • Use the Services in any manner to attempt to migrate our customers away from us;
  • Transmit, post, disclose, reproduce or publish online, though social media, or in any other manner any content or information from the Site or Services, including without limitation, any screenshots, transcripts, dialog, chat conversations;
  • Perform or disclose to any third party any benchmarks, evaluations, performance tests, or competitive analysis of the Services (including uptime, response time, or other indicators), without our prior written consent;
  • Use any means to scrape or crawl any Web pages contained in the Site;
  • Attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
  • Attempt to decipher, decompile, disassemble, alter, modify, merge, reroute, create derivative works of or reverse engineer any of the software, APIs or other underlying code used to provide the Site or Services; or
  • Advocate, encourage, or assist any third party in doing any of the foregoing.
  • 6. CUSTOMER CONTENT

    The Site and Services allow you to upload, submit, store, send, or receive content and data ("Customer Content"). You retain ownership of any intellectual property rights that you hold in that Customer Content. When you upload, submit, store, send, or receive Customer Content to or through the Site or Services, you give us a worldwide, perpetual, non-exclusive, royalty-free, transferrable, sublicensable right and license to reproduce, host, store, modify, create derivative works (such as translations, adaptations, or other changes we make so that Customer Content works better with the Site and Services) and otherwise use your Customer Content for any and all activities and purposes related to operating and improving the Site and Services, including without limitation for improving an algorithm, or machine learning or artificial intelligence model. Our license to your Customer Content is non-exclusive, meaning you may use the Customer Content for your own purposes or let others use your Customer Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your Customer Content. We may exercise our rights under this license anywhere in the world and in any media.
    You represent and warrant that:
    • You own all rights to your Customer Content or, alternatively, that you have the right to give us the rights described above; and
    • Your Customer Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
    • We may refuse to accept or transmit Customer Content for any reason. We may modify, remove from the Site or Services, or disable access to any Customer Content for any reason.

      7. CUSTOMER CONTENT

      The Site and Services allow you to upload, submit, store, send, or receive content and data ("Customer Content"). You retain ownership of any intellectual property rights that you hold in that Customer Content. When you upload, submit, store, send, or receive Customer Content to or through the Site or Services, you give us a worldwide, perpetual, non-exclusive, royalty-free, transferrable, sublicensable right and license to reproduce, host, store, modify, create derivative works (such as translations, adaptations, or other changes we make so that Customer Content works better with the Site and Services) and otherwise use your Customer Content for any and all activities and purposes related to operating and improving the Site and Services, including without limitation for improving an algorithm, or machine learning or artificial intelligence model. Our license to your Customer Content is non-exclusive, meaning you may use the Customer Content for your own purposes or let others use your Customer Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your Customer Content. We may exercise our rights under this license anywhere in the world and in any media.
      You represent and warrant that:
      You own all rights to your Customer Content or, alternatively, that you have the right to give us the rights described above; and
      Your Customer Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
      We may refuse to accept or transmit Customer Content for any reason. We may modify, remove from the Site or Services, or disable access to any Customer Content for any reason.

      8. ACCESS TO THE SITE AND SERVICES AND OWNERSHIP

      You agree that when you use the Site, you will remain subject to the terms and conditions of all your existing agreements with us, our affiliates, and/or any unaffiliated service providers and your internet service provider and mobile service carrier or provider (where applicable), and that these Terms do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Site (for example, your internet service provider may experience outages or planned maintenance windows and your mobile service carrier or provider may impose data usage or text message charges in connection with your use of the Services), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.
      Subject to your continued compliance with these Terms, we hereby grant you a right to access and use the Site and Services. Certain Site features and functionality are licensed or provided by third parties (each a "Third Party Licensor"). Your right to use the Site and Services is revocable in the discretion of Angel Twin and its Third-Party Licensors.
      Other than Customer Content, we own or license all right, title, and interest in and to (a) the Site and Services, including without limitation, all software, APIs, text, media, and other content available on the Site and Services ("Our Content"); and (b) our trademarks, logos, trade dress, and brand elements ("Marks"). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. The Site and Services are copyright © Angel Twin (or its licensors). All rights reserved. You may not duplicate, copy, or reuse any portion of the Site or Services, including any HTML/CSS, Javascript, or visual design elements or concepts without express written permission from us.

      9. PRIVACY

      Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. In addition, when using the Angel Twin platform, you understand and agree that your personal information will be collected by both Angel Twin and our licensor, Angel Twin and processed in accordance with the privacy policies of each party. The Angel Twin privacy policy is available here: https://angeltwin.com/privacy

      10. THIRD PARTY PLATFORMS AND LINKS

      The Site and Services may contain links to other websites and online resources or services solely for convenience, including without limitation embedded video content from providers like YouTube®. Additionally, you may have the ability to link your Account with third party platforms, websites or other services, including without limitation, financial institutions to facilitate information sharing and the provision of services by such third party platforms, such as, for example, wire transfers and bill payments. Linked websites, resources and other third party platforms are collectively, "Third-Party Platforms." We do not provide, nor have custody or control over, any Third Party Platforms, and Angel Twin does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by Third Party Platforms. Without limiting the foregoing, Angel Twin will not be a party to or in any way monitor any transaction between you and Third-Party Platform's products or services. You are solely responsible for any transaction you conduct, or instruct us to conduct, using a Third-Party Platform. To the extent you allow a Third-Party Platform access to your Customer Content, it is your sole responsibility to evaluate any risks related to such disclosure. We are not responsible for-and to the maximum extent permitted by applicable law, we will have no liability for-any action or inaction by the third party nor any damage or loss related to your use of any Third-Party Platform. You should always read the terms and conditions and privacy policy.

      11. CHANGES TO THE SITE OR SERVICES

      We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.

      12. TERMINATION

      We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user's right to access the Site or Services at any time, at our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

      13. ANGEL TWIN EXCLUSIVE WARRANTY

      If you submit a loan application through the Services, we will honor the guidance and decisions that Angel Twin provides during the loan origination process, provided that the information you provide is complete, accurate, and the terms of the transaction and the borrower's financial and credit profile do not change from what was provided. All guidance and decisions of Angel Twin are subject to changes in market conditions, as well as changes to pricing, product terms and guidelines which change from time to time and on a regular basis. You as the user of the Services (including Angel Twin) acknowledge that pricing and terms for financial products can change at any time and that no rate, product, or term is guaranteed until such time as the related financial product has been "locked" in the case of a mortgage loan, or otherwise confirmed in writing with respect to any other financial product.

      14. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY

      YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE EXCLUSIVE WARRANTY IN SECTION 13, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONSULTANTS, SUPPLIERS AND LICENSORS ("AFFILIATES") DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
      IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
      FURTHER, YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ARE NOT INTENDED TO AND DO NOT PROVIDE STRATEGIC, TAX, LEGAL, FINANCIAL OR INVESTMENT ADVICE. YOU SHOULD SEEK INDEPENDENT TAX, LEGAL AND/OR INVESTMENT ADVICE BEFORE ACTING ON INFORMATION OBTAINED FROM THE SITE OR SERVICES.
      YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
      You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

      15. BROWSING SESSION INFORMATION

      We use technologies that maintain records of your browsing session, chats, and other activities on our Site. These technologies may include session replay that maintains a record of your interactions with our Site, chatbots that maintain a transcript of your chats, cookies, pixels, and other tracking technologies that share some of your interactions with our Site, as well as other technologies that collect and share your interactions with our Site. We use this information to provide the Services and for quality control, customer service, fraud prevention and security in accordance with our Privacy Policy.

      16. INDEMNIFICATION

      To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your Account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

      17. INFORMAL DISPUTE RESOLUTION

      We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or video conference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at legal@angeltwin.com, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or video conference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in these Terms to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an action is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

      18. ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS

      You and Angel Twin agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Angel Twin or you and a third-party agent of Angel Twin (a "Claim") through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-(800)-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.
      To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Angel Twin, Arbitration Opt-Out, 101 San Patricio Ave. Maramar Plaza Building, P-1 Floor, Mezzanine, Guaynabo, Puerto Rico 00968, Attention: Legal Department/General Counsel. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.
      Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms of Use will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
      If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Angel Twin will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
      This arbitration agreement does not preclude you or Angel Twin from seeking action by federal, state, or local government agencies. You and Angel Twin also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Angel Twin retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.
      Neither you nor Angel Twin may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Angel Twin individual Claims.
      If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a Claim proceeds in court rather than in arbitration, you and Angel Twin each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
      This Arbitration Agreement Section of the Terms will survive the termination of your relationship with Angel Twin.
      THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Angel Twin WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
      Mass Arbitration Process Requirements
      If twenty-five (25) or more similar claims are asserted against Angel Twin at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim) (a "Mass Arbitration"), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner is directly or indirectly paying or advancing the arbitration fees and costs in a mass arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the claimants, on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the parties in amounts they see fit to ensure a fair division among the parties. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Angel Twin. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Angel Twin will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Angel Twin. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Angel Twin will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding "Mass Arbitration Process Requirements" from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding "Mass Arbitration Process Requirements" and, if necessary, to enjoin the filing or prosecution of arbitration demands against Angel Twin Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

      19. OTHER PROVISIONS

      These Terms, along with any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Angel Twin regarding your use of the Site and Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Angel Twin.
      Except as otherwise described in these Terms, these Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws, rules or provisions.
      To the extent any action relating to the Site, Services or any transaction with Angel Twin is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, such action must be brought in the federal and state courts located within the State of California, and you consent to the exclusive personal jurisdiction of such courts.
      If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
      The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
      You understand and agree that our Licensor, Angel Twin is an intended third-party beneficiary under these Terms, and shall have the independent right to enforce the provisions of these Terms, including without limitation, Section 6 (Acceptable Use), as if Angel Twin were a party to these Terms.
      We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

      20. CHANGES TO THESE TERMS

      From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Changes to the Terms are effective when posted to the Site.
      PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.