Updated: March 1, 2024
Welcome to iWTNS where we connect subscribers with legal counsel to discuss legal issues. These Terms of Use are here to explain how we provide these connections, and these Terms of Use form a legally binding agreement between anyone accessing iWTNS, the Website or our App or using our Services. These Terms of Use are between you ("you") and iWTNS, Inc. ("iWTNS," "we," or "us") and govern your access to and use of (i) the website located at https://www.iwtns.com/ and any content or functionality offered therewith (the "Website"); (ii) our mobile application and any content or functionality offered therewith (the "App"); and the legal consultation services offered in connection with the App (the "Services"). The Website and the App through which the Services are offered are together referred to as "iWTNS."
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (such as a motor vehicle accident) should not be directed to iWTNS and should, instead be directed immediately by telephone or in-person to qualified professionals by calling 911. iWTNS is not the appropriate venue to deal with such situations.
Please read these Terms of Use carefully before you start to use iWTNS or engage with our Services.By accessing or using iWTNS (the App or the Website) (hereinafter "iWTNS") or the Services offered through iWTNS (hereinafter "Services"), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.
At this time, iWTNS does not offer Services to anyone outside of the United States or under the age of 18 years or otherwise legally defined as a minor. If you are not a resident of the United States or a legal adult, you are not authorized to use iWTNS, the Website, the App, or our Services. iWTNS and the Services are offered and available to users who are able to enter into an enforceable agreement with us. By using iWTNS or our Services, you represent and warrant that you are of legal age to form a binding contract with us.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to iWTNS, and apply to all access to and use of iWTNS and our Services thereafter. We retain the option, but not the requirement, to post a notification to your Account (as defined below) and/or email you when the Terms of Use are updated. Your continued use of iWTNS, and/or the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and each time you engage with our Services so that you are aware of any changes, as they are binding on you.
iWTNS provides subscribers ("Subscribers") with access to live legal representation from independent attorneys ("External Attorneys") to whom Subscribers have the opportunity to place a call to discuss legal questions (each call is considered a "Consultation"). iWTNS provides a venue for informational and educational purposes and connects Subscribers with External Attorneys. Subscribers may request a Consultation with an External Attorney through the App.
iWTNS does not provide advice or any professional service to Subscribers or External Attorneys. Subscribers and External Attorneys (collectively "Users", not iWTNS, provide the information exchanged on iWTNS and through the Consultations. External Attorneys participating in Consultations are not employees, representatives, or agents of iWTNS or acting under our direction. External Attorneys are third-party independent contractors and must carry their own malpractice insurance. We are not acting as an agent for any Subscriber or External Attorney, and do not have the right or ability to bind any Subscriber or External Attorney.
We are not involved in the conversations in which External Attorneys and Subscribers may engage through iWTNS or outside of iWTNS. We shall not be liable for (a) any of your acts or omissions; (b) the content exchanged in Consultations or written responses on iWTNS, including questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, profile information, and posts and other places where Subscribers and External Attorneys communicate with each other on iWTNS; (c) a Subscriber’s or External Attorney’s failure to participate in a Consultation or complete a Consultation; or (d) any damage that may be result from following the advice provided by an External Attorney. You are solely responsible for your engagement with Subscribers or External Attorneys, as the case may be, while using iWTNS.
iWTNS does not refer Subscribers to or endorse or recommend any particular External Attorney(s). We shall not be liable for any acts or omissions of External Attorneys, Consultations, the advice of an External Attorney, the ability of External Attorneys to answer questions, or a Subscriber’s failure to properly describe the purpose of the Consultation. We cannot ensure that an External Attorney will respond to your request for a Consultation or participate in or complete a Consultation. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee the content exchanged through iWTNS, including during a Consultation. Notwithstanding the foregoing, we reserve the right, but are not obligated, to refuse to post or to remove any content and/or remove any Subscriber or External Attorney’s access to iWTNS for any reason, including violation of these Terms of Use.
iWTNS is NOT responsible for mediating disputes between Subscribers and External Attorneys. We do not endorse, recommend, or guarantee the advice or work of any External Attorney. For the avoidance of doubt, we disclaim all liability related to an External Attorney’s work experience, legal advice, or work performance, including the External Attorney’s expertise and quality of advice.
We cannot and do not warrant or guarantee a Subscriber or External Attorney’s purported identity and cannot and do not represent, warrant, or guarantee the truthfulness or accuracy of the credentials or identities of any Subscriber or External Attorney or information provided by any Subscriber or External Attorney. You acknowledge that are not be liable for any loss or damages caused by your reliance on any information or content exchanged through iWTNS, during the Consultation, or outside of the App or Website.
The laws, regulations, other governing authorities, standards, practices, and procedures that apply to a Subscriber’s particular question and/or an External Attorney’s particular legal advice may differ depending on your location and information typically discovered through in-person evaluations or visits. External Attorneys may be licensed, certified, educated, employed by or have experience in particular jurisdictions. Subscribers are responsible for confirming that an External Attorney is properly licensed, certified, educated, employed or experienced in a particular area or jurisdiction. Communications on iWTNS are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
We reserve the right to withdraw, modify or amend iWTNS, the Website, the App, and any Services we provide on or through iWTNS in our sole discretion without notice. We will not be liable if for any reason all or any part of iWTNS, the Website, the App, or our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entirety of iWTNS, to users, including all users accessing iWTNS as well as Subscribers and External Attorneys.
You are responsible for both (a) making all arrangements necessary for you to have access to the Website and/or App, and (b) ensuring that all persons who access iWTNS through your internet connection or your Account are aware of these Terms of Use and the Privacy Policy and comply with them.
To access iWTNS and the Services, you will be asked to set up an account through the Website or the App, and you may be required to provide iWTNS with certain personal information in order to set up that account ("Account"). Users of iWTNS must indicate whether you are accessing iWTNS as a Subscriber or External Attorney.
For Subscribers. If you indicate you are a Subscriber seeking assistance through iWTNS, you will be asked to create an Account by providing information including but not be limited to, your first name, last name, email address, phone number, and zip code ("Subscriber Account"). Once you have created a Subscriber Account you are a Subscriber for purposes of interacting with iWTNS.
For External Attorneys. If you indicate you are an External Attorney seeking to provide Subscribers with assistance with legal issues through iWTNS, you will be asked to create an Account by providing information including but not be limited to, your first name, last name, number, and photo identification ("External Attorney Account"). If you are a law student or unlicensed, you must provide the name of your law school (if applicable), year/level (if applicable), and the name of your sponsoring attorney. The sponsoring attorney’s name, email address, phone number, zip code, practice name, representative type (law student or attorney), and Bar ID must be provided as well. We will review the information in your External Attorney Account before your External Attorney Account is published in the App and before you are issued login credentials for an External Attorney Account. When conducting such review, we may, but are not required to, verify the accuracy of any information provided in an External Attorney Account. We may decline to publish your External Attorney Account in iWTNS for any reason or for no reason at all, as it is in our sole discretion. Once you have created an External Attorney Account, you are an External Attorney for purposes of interacting with iWTNS. To verify your Subscriber Account or External Attorney Account (collectively referred to herein as "Account") and to access iWTNS, you will be required to provide your mobile phone number. We will send a code to the mobile number you provide. You should only provide your own mobile number for this purpose and you should not share the code you receive with anyone. Please note that standard message and data rates may apply.
It is a condition of your use of iWTNS that all the information you provide on iWTNS or while using the Services is accurate, correct, current, and complete. You agree that all information you provide to register with iWTNS or otherwise provide, including, but not limited to, through the use of any interactive features on iWTNS, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, which may be required for access to your Account, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to iWTNS or portions of it using your user name, password, other security information, or other Account information. You are not authorized to transfer your Account to any other person or entity. You are responsible for all use of your Account.
You agree to notify us immediately of any unauthorized access to or use of your user name, password, or Account or any other breach of security. You should use particular caution when accessing your Account from a public or shared device so that others are not able to view or record your password or other personal information.
We have the right to disable any Account, including your user name, password, or other identifier(s), whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or the Privacy Policy. For the avoidance of doubt, the provision of any inaccurate, incorrect, or incomplete information when creating an Account, including without limitation personal information and work experience, shall permit us to immediately disable your Account and cancel any scheduled Consultations.
For Subscribers: When a Subscriber needs to participate in a Consultation with an External Attorney, the Subscriber will review the list of Active External Attorneys in the App. The Subscriber will then press the red call button to connect to an External Attorney through a live audio or video call to participate in the Consultation.
For External Attorneys: External Attorneys will select their availability status in the App by marking themselves as Active or Offline. While Active, External Attorneys may participate in Consultations with Subscribers in need of legal advice.
All of the information provided to or through iWTNS is subject to our Privacy Policy.
When a call is initiated through iWTNS, pays $1.00 (one USD) from the Consultation to the External Attorney as a retainer fee. This retainer fee is intended to protect the attorney-client privilege. Subscribers and External Attorneys acknowledge and agree that the length of the attorney-client relationship only lasts for the duration of the Consultation. Upon completion of a Consultation, the External Attorney's representation of the Subscriber ends. If a Subscriber needs additional assistance in the same matter, the Subscriber may use iWTNS to contact the same External Attorney through the Service if the External Attorney is Active. Notwithstanding the foregoing, a Subscriber may not be able to reach the same External Attorney in the same or a different matter. We do not represent or warrant any External Attorney’s availability. A Subscriber may also seek legal counsel from any attorney of its choosing whether or not such attorney participates in iWTNS. iWTNS has no obligation to assist a Subscriber in obtaining legal counsel through or outside of iWTNS. External Attorneys shall not contact the Subscriber after the Consultation. The Subscriber may engage the External Attorney for further assistance outside of the Consultation if it chooses to do so and the External Attorney consents to such contact.
Subscribers have the opportunity to discuss a legal issue with an External Attorney, and External Attorneys have the opportunity to connect with Subscribers to discuss legal issues. Communicating with an External Attorney through iWTNS's platform is NOT required. However, Subscribers and External Attorneys who choose to communicate through iWTNS understand and acknowledge the following:
iWTNS SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY EXTERNAL ATTORNEY ON OR THROUGH OUR SERVICES, AND ANY USE OR RELIANCE ON OR ADMINISTRATION OF SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
Some materials on iWTNS may constitute lawyer advertising. External Attorneys are solely responsible for confirming that their participation in iWTNS complies with applicable professional responsibility rules, including rules related to attorney advertising. The choice of an attorney is an important decision, and it should never be based solely upon an advertisement. Before a Subscriber makes its choice of any attorney, the Subscriber should give this matter careful thought. The selection of an attorney is an important decision. External Attorney profiles on our Service are provided as a service. iWTNS does not guarantee the accuracy of the information contained in any External Attorney profile. External Attorneys are third-party independent contractors solely responsible for the advice they give, the services they provide and the representations about themselves they make. Subscribers are solely responsible for assessing the quality, integrity, suitability and trustworthiness of all persons with whom the Subscriber communicates regarding its legal needs. Prior results (for example, positive testimonials from prior clients) do not guarantee a similar outcome.
We may from time to time make calls and/or send text messages to you at any telephone number associated with your account. The manner in which these calls or text (SMS) messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system. You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers, and by providing us with your contact number(s), you agree to receive calls and/or texts from us to that contact number(s). You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree that iWTNS may send emails to you at any email address you provide us, or use other electronic means of communication to the extent permitted by law.
iWTNS does not claim ownership of any documents you either create or upload and store using our Services ("Documents"). You grant permission for iWTNS to use your Documents in connection with providing Services to you.
You acknowledge and agree that iWTNS may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of iWTNS, its users and the public. You understand that the technical processing and transmission of the Service, including your Documents and other content, may involve transmissions over third party networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that iWTNS has no responsibility or liability for deleting or failing to store any Documents or other content maintained or uploaded in the Services.
When you provide any feedback, comments, questions, or suggestions concerning iWTNS, the Website, the App, or the Services (collectively, "Feedback"), you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (d) that the Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have information similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against us and any other users of iWTNS any claims and assertions of any moral rights contained in such Feedback.
If you are a Subscriber providing feedback or comments concerning an External Attorney or an External Attorney providing feedback or comments concerning a Subscriber, you represent and warrant that the comments or feedback are accurate and truthful and do not violate the rights of any other person or entity.
We do not represent or warrant that we undertake any independent review of such Feedback. Each External Attorney acknowledges that iWTNS will not be liable for any loss or damages caused by a Subscribers' Feedback or the public availability of the Subscribers’ Feedback, and each External Attorney waives any right to bring a claim against a Subscriber or iWTNS arising out of or relating to Feedback.
This Feedback section shall survive any termination of these Terms of Use or participation in iWTNS or the Services.
iWTNS and all content, features, and functionality on iWTNS (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by iWTNS, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on iWTNS, except for purposes of signing up for the Services.
This permission terminates automatically if you violate these Terms of Use or our Privacy Policy and upon termination of your access to use iWTNS for any reason. No right, title, or interest in or to iWTNS or any content on iWTNS is transferred to you, and all rights not expressly granted are reserved by iWTNS, Inc. Any use of iWTNS not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The name iWTNS and the respective company logos associated with the name, and all related names, logos, product and service names, designs, and slogans are trademarks of iWTNS, Inc. and its respective affiliates or licensors. You must not use such marks without iWTNS's prior written permission. All other names, logos, product and service names, designs, and slogans on iWTNS are the trademarks of their respective owners.
You may use iWTNS only for lawful purposes and in accordance with these Terms of Use. You agree not to use iWTNS:
Additionally, you agree not to:
We have the right to:
If you believe that any materials on iWTNS ("Materials") violate your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact us at: info@iwtns.com and provide the following information:
iWTNS may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided as part of iWTNS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of iWTNS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on iWTNS from time to time, but do not guarantee that all content is complete or up-to-date at any given time. You should carefully review your request submission for accuracy before submitting a request for help.
All information we collect on iWTNS is subject to our Privacy Policy. By using iWTNS, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Creating an Account with iWTNS does not guarantee participation in the Services or Consultations. When a Subscriber creates a Subscriber Account with iWTNS, it permits the Subscriber to request a Consultation. When an External Attorney creates an External Attorney Account with iWTNS, it allows the External Attorney to be listed as an External Attorney, mark himself/herself as Active or Offline in iWTNS and participate in Consultations with Subscribers. Subscribers are not required to request or participate in Consultations. External Attorneys are not required to accept or participate in Consultations. We retain the right, in our sole discretion, to deny participation in the Services.
You may link to iWTNS, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
iWTNS may provide certain social media features that enable you to:
If iWTNS contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to iWTNS, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or apps.
We provide iWTNS from within the United States, for use only by persons located in the United States. We make no claims that iWTNS or any of its content is accessible or appropriate outside of the United States. Access to iWTNS may not be legal by certain persons or in certain countries. If you access iWTNS from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Subscribers and External Attorneys may access the Website or download the App (from the Apple App Store or Google Play Store) for free.
Subscriber membership plans are $9.99 per month or $99.99 for an annual membership. Attorney membership plans are $149.99 per year.
To ensure uninterrupted service and to enable you to conveniently purchase additional products and Services, iWTNS will store and update (e.g., upon expiration) your payment method on file. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically downgrade your paid plan to a lower-priced plan or to suspend your paid membership until your designated payment method can be charged again. Please note that it is your responsibility to maintain current billing information on file with iWTNS.
We reserve the right to change our pricing from time to time, but our price changes will always be prospective and not retroactive. Users may cancel their plan by contacting us at info@iwtns.com and their plan will be cancelled effective the following month of the plan.
If you have access to the iWTNS Services through a Program Sponsor (defined below), renewal of your membership will be determined by the separate agreement between iWTNS and the Program Sponsor. "Program Sponsor'" means any company, organization or affiliation that purchases iWTNS memberships on behalf of its members or employees.
YOU AGREE NOT TO USE iWTNS OR ANY SERVICES IN AN UNSAFE MANNER, INCLUDING WHILE DRIVING, WALKING, OR OTHERWISE WITHOUT YOUR FULL ATTENTION WHERE RISK TO YOU OR OTHERS MAY ARISE OR RESULT.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, iWTNS WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE OR APP FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF iWTNS, THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH iWTNS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APP LINKED TO IT.
YOUR USE OF iWTNS, THE WEBSITE, THE APP, THEIR RESPECTIVE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH iWTNS IS AT YOUR OWN RISK. iWTNS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH iWTNS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER iWTNS NOR ANY PERSON ASSOCIATED WITH iWTNS OR iWTNS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF iWTNS. WITHOUT LIMITING THE FOREGOING, NEITHER iWTNS NOR ANYONE ASSOCIATED WITH iWTNS OR iWTNS REPRESENTS OR WARRANTS THAT iWTNS, THE WEBSITE, THE APP, THEIR RESPECTIVE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH iWTNS, THE WEBSITE, THE APP OR CONSULTATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT iWTNS, OUR WEBSITE, APP, OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT iWTNS, THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH iWTNS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FOR THE AVOIDANCE OF DOUBT, iWTNS DOES NOT PROVIDE ANY WARRANTY, LIMITED OR OTHERWISE, FOR ANY ADVICE OR INFORMATION, ORAL, WRITTEN, OR OTHERWISE PROVIDED BY THE EXTERNAL ATTORNEY, INCLUDING WITHOUT LIMITATION, IN iWTNS OR DURING THE CONSULTATION. TO THE FULLEST EXTENT PROVIDED BY LAW, iWTNS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By checking the box provided on the Account registration page and explicitly consenting to these Terms of Use, I agree to release iWTNS of all liability in consideration of being permitted to participate in the Services and in recognition of iWTNS’s reliance hereon. I am aware and understand that the information, software, products, and Services made available through iWTNS may include inaccuracies or typographical errors. iWTNS reserves the right at any time to modify, improve, suspend or depreciate certain features of our Services. External Attorneys understand that information received from Subscribers may not be accurate. Subscribers understand that legal information received via iWTNS should not be relied upon exclusively for personal, medical, legal or financial decisions, and they should vet information obtained from an External Attorney consulted through iWTNS in conjunction with the advice of a qualified professional tailored to your situation. In short, your use of iWTNS is at your own risk. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE SERVICES WITH KNOWLEDGE OF THE RISKS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, SICKNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF iWTNS OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against iWTNS, other users, and its and their officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (each a "Releasee") on account of personal or psychological injury, illness, sickness, pain, suffering, temporary or permanent disability, death, property damage, financial loss, or any other claimed damages or harm of any type arising out of or attributable to my use of iWTNS or the Services, whether arising out of the ordinary negligence of iWTNS or any Releasees or otherwise. I covenant not to make or bring any such claim against iWTNS or any other Releasee, and forever release and discharge iWTNS and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless iWTNS and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, fees (including attorneys’ fees), the costs of enforcing any right to indemnification under this release and waiver of liability related to the Services, and the cost of pursuing any insurance providers, incurred by iWTNS or any other Releasees, arising out of or resulting from any claim of a third party related to my participation in the Services, including any claim related to my own negligence or the ordinary negligence of iWTNS.
I acknowledge that iWTNS is relying on these statements to allow me to access iWTNS and to use the Services.
BY PROVIDING MY AFFIRMATIVE CONSENT TO THESE TERMS OF USE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE iWTNS AS SET OUT HEREIN.
SUBSCRIBERS ACKNOWLEDGE THAT ALL LEGAL ADVICE IS PROVIDED BY EXTERNAL ATTORNEYS, NOT BY iWTNS OR ITS EMPLOYEES OR REPRESENTATIVES. ACCORDINGLY, iWTNS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONSULTATIONS, ADVICE OR SERVICES PROVIDED TO SUBSCRIBERS BY SUCH EXTERNAL ATTORNEYS.
EXTERNAL ATTORNEYS ACKNOWLEDGE THAT ALL CONSULTATIONS ARE WITH INDEPENDENT SUBSCRIBERS, NOT iWTNS. ACCORDINGLY, iWTNS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION PROVIDED TO OR REQUESTS SUBMITTED BY SUBSCRIBERS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL iWTNS, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, iWTNS, THE WEBSITE, THE APP, ANY WEBSITES OR APPS LINKED TO THEM, ANY CONTENT ON iWTNS OR SUCH OTHER WEBSITES OR APPS, OR THE SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless iWTNS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of iWTNS its content, or the Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from iWTNS.
Arbitration Agreement, Class Action Waiver, Applicable Law, Exclusive Jurisdiction, and Venue
All actions, disputes, claims and controversies of any nature whatsoever arising under common law, statutory law or in equity of any type or nature whatsoever and that arise under or are in any way related to the following areas are subject to binding and final arbitration: (a) iWTNS, (b) the Website, (c) the App, (d) the Services, (e) these Terms of Use, (f) the Privacy Policy, (g) your Account, and (h) and any all other matters directly or indirectly related to these areas ("Claims") are subject to binding and final arbitration where applicable, by law. Such arbitration proceeding shall be filed with and conducted by the American Arbitration Association ("AAA"), which can be located and contacted at: http//www.adr.org. You agree that the selected arbitrator shall have the exclusive authority to resolve all gateway issues of arbitrability, including without limitation, his or her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this Arbitration Agreement; all issues about what claims or disputes or parties are covered by this Arbitration Agreement; and all substantive or procedural defenses to enforcement of this Arbitration Agreement.
This Arbitration Agreement does not allow for the filing of class action, mass action, or consolidated arbitration proceedings, and such arbitration proceedings are prohibited. This Arbitration Agreement applies mutually to you and iWTNS.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO A JURY TRIAL THROUGH THIS ARBITRATION AGREEMENT.
Should any court proceeding nonetheless be filed, you and iWTNS have the right to enforce this Arbitration Agreement solely and exclusively in the state or federal courts in Jefferson County, Alabama. You agree that any Arbitration Award or order rendered by the arbitrator may be confirmed as a judgment or order in the state or federal courts in Jefferson County, Alabama, and shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any choice or conflict of law provision or rule.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND iWTNS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Notwithstanding any other provision of these terms, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION THROUGH THIS CLASS ACTION WAIVER.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, iWTNS, THE WEBSITE, THE APP, AND/OR ANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and no failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
By accessing or downloading the App from the Apple App Store, you are agreeing to Apple's Licensed Application End User License Agreement ("Apple Terms"). This Agreement governs if there is a conflict with the Apple Terms.
You acknowledge and agree that (i) these Terms are binding between you and iWTNS only, and Apple is not a party hereto, and (ii) as between iWTNS and Apple, it is iWTNS that is responsible for the App and the content thereof. You must use the iOS App only on an Apple-branded product that runs iOS. Your use of the App must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support with respect to the App.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the App, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under Subscriber protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and iWTNS, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be iWTNS's responsibility, but only to the extent provided by these Terms of Use. Please read the entire Terms of Use, as other sections of these Terms of Use limit iWTNS’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use. Upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and iWTNS, Inc. regarding iWTNS, the Website, the App, and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding iWTNS, the Website, the App and the Services.
iWTNS, including the Website and App, is operated by iWTNS, Inc.
Any feedback, comments, requests for technical support, and other communications relating to iWTNS should be directed to: info@iwtns.com.