Advocate Terms of Service

Updated December 27th, 2019

THESE TERMS OF SERVICE (THESE “TERMS”) ESTABLISH THE TERMS AND CONDITIONS THAT APPLY TO YOU WHEN YOU USE THE ADVOCATE PLATFORM (AS DEFINED BELOW). BY USING THE ADVOCATE PLATFORM, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE ADVOCATE PLATFORM IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY ADVOCATES INC. (“ADVOCATE,” “WE, “OUR,” OR “US”) AT ANY TIME; PROVIDED THAT WE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE ADVOCATE PLATFORM AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE ADVOCATE PLATFORM IN ORDER TO VIEW ANY CHANGES TO THESE TERMS. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.

AS FURTHER DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU CAN OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING ADMIN@ADV.GG WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS AND STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS ARBITRATION AGREEMENT.

1. Use of Web Site, Mobile Applications, and our Service

a. The “Advocate Platform” is Advocate’s website located at adv.gg and any related mobile applications, as the same may be updated, relocated, or otherwise modified from time to time, including through networks, embedded widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Advocate Platform provides a platform to enable companies, brand representatives, ad agencies, non-profits, etc. (collectively “Brands”) and YouTube content creators, Discord content creators, Twitch content creators, social media Content Creators, or other content creators/Content Creators (collectively, “Content Creators”) to connect, collaborate, execute, and manage advertising and promotional campaigns (“Campaigns”). Any person who accesses and/or uses the Advocate Platform, whether on his or her own behalf or on behalf of any third party, will be referred to herein as an “Advocate User”.

b. Subject to the terms and conditions of these Terms, Advocate hereby grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Advocate Platform. Unless otherwise specified in writing, the Advocate Platform is solely for your internal use and not for resale. Advocate reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Advocate Platform (or any portion thereof); and (ii) modify or discontinue providing the Advocate Platform (or any portion thereof).

c. Advocate’s policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy. By accepting these Terms, you acknowledge your agreement with Advocate’s Privacy Policy.

2. Registration, Accounts, Passwords and Security

a. Accounts and Registration. To access most features of the Advocate Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at admin@adv.gg.

b. Single Sign-On. You may be permitted to register for and log on to the Advocate Platform via certain third party services (such as a social network). Advocate may use the profile information connected to the account you use to log into the Advocate Platform, including your name, to provide the Advocate Platform as described in these Terms and otherwise support your account. Such third party’s use of your information will be subject to that service’s Privacy Policy. Further information about linking your account and use of third party services to log on to the Advocate Platform can be found in our Privacy Policy.

c. Eligibility.

i. You represent and warrant that you are at least 18 years of age, that you have not been previously suspended or removed from the Advocate Platform, and that you possess the legal right and ability to enter into these Terms. THE ADVOCATE PLATFORM IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE ADVOCATE PLATFORM BY ADVOCATE. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE ADVOCATE PLATFORM AT ANY TIME OR IN ANY MANNER.

ii. If you are using the Advocate Platform on behalf of an individual, company, entity, or organization (each, an “Organization”), you represent and warrant that (A) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (B) agree to be bound by these Terms on behalf of such Organization, and (C) your Organization meets the eligibility requirements for the Advocate Platform, as set forth in these Terms. Further, you will be solely responsible for ensuring your Organization complies with these Terms.

3. Your Responsibilities

You may use the Advocate Platform solely for lawful purposes, as intended through the provided functionality of the Advocate Platform. You may not use the Advocate Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Advocate Platform. You may not attempt to gain unauthorized access to the Advocate Platform, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):

a. use, copy, install, transfer or distribute the Advocate Platform, except as specifically permitted by these Terms;

b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Advocate Platform;

c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Advocate Platform or in or on any content or other material obtained through the Advocate Platform or the use of the Advocate Platform;

d. rent, lease, or otherwise permit third parties to use the Advocates Platform or use the Advocates Platform to provide services to third parties (e.g., as a service bureau);

e. create user accounts under false or fraudulent pretenses;

f. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Advocate Platform;

g. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;

h. reformat, mirror, or frame any portion of the web pages that are part of the Advocate Platform;

i. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;

j. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;

k. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Advocate Platform or its contents;

l. harvest or collect information about other users without their prior written consent;

m. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Advocate Platform or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Advocate Platform’s authorized features, or by law, or otherwise attempt to use or access any portion of the Advocate Platform other than as intended by Advocate;

n. access, tamper with, or use non-public areas of the Advocate Platform, Advocate’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Advocate’s providers;

o. harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Advocate employees and other users;

p. create a new account with Advocate, without Advocate’s express written consent, if Advocate previously disabled an account of yours;

q. solicit, or attempt to solicit, personal information from other users, except as permitted through the Advocate Platform’s functionality;

r. restrict, discourage or inhibit any person from using the Advocate Platform, disclose personal information about a third person on the Advocate Platform or obtained from the Advocate Platform without the consent of such person, or collect information about users;

s. gain unauthorized access to the Advocate Platform, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Advocate Platform;

t. violate any applicable federal, state or local laws, regulations, or these Terms;

u. use the Advocate Platform for any illegal, inappropriate, and/or unauthorized conduct, including without limitation, using the Advocate Platform to contact other Advocate Users for sexual or other inappropriate purposes, or using the Advocate Platform in violation of Advocate’s or any third party's intellectual property or other proprietary or legal rights; or

v. use or access the Advocate Platform to build a competing service.

We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.

4. Campaigns

a. Acceptance of Campaigns. Advocate may offer Campaigns to Content Creators from time to time via the Advocate Platform. Content Creators who wish to participate in a Campaign must accept the proposed Campaign(s) in the manner and timeframe specified by Advocate. Content Creators will perform agreed-upon Campaigns in accordance with their terms, which may involve the placing of graphics, messages, material and/or other content on the live broadcasts of Content Creators. Agreement by Content Creators to participate in a Campaign shall constitute consent to the placing of such graphics, messages, material and/or other content related to such Campaign on such live broadcasts. Content Creators acknowledge that Campaigns may be performed by multiple Content Creators at the same or different times, and that the identity of other Content Creators who have accepted or are performing a Campaign is not material to Content Creator’s acceptance of such Campaign and is not a permitted reason to terminate participation in an agreed-upon Campaign.

b. Compensation. Advocate will pay Content Creators in accordance with the fee schedule and payment terms set forth at adv.gg/payment for participation in agreed-upon Campaigns. Content Creator shall be responsible for any withholdings, taxes, agency, and/or other fees due on and/or in connection with the total compensation payable under Campaigns. Advocate will not reimburse Content Creator for any costs or expenses incurred by a Content Creator in performing a Campaign.

c. FTC Rules. Each Advocate User is solely responsible for complying with all applicable laws and regulations relating to Campaigns, including without limitation, the Federal Trade Commission regulations on endorsements and truth in advertising.

5. Consent to Electronic Communications

a. By using the Advocate Platform or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Advocate Platform. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Advocate Platform or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at admin@adv.gg.

b. If you wish to remove yourself from any list (other than as set forth in Section b), please email us with an "OPT-OUT", "UNSUBSCRIBE", "STOP" or "REMOVE" in the subject line.

c. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold Advocate liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™, or Verizon) create no obligation or responsibility on the part of Advocate, and that Advocate is not responsible for any failure of warranty by any such third party.

d. Advocate cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.

6. Content Rights and Licenses

a. Brand Content. During the term of the applicable agreed-upon Campaign, Content Creator has the right to access and use the materials (e.g., copy points, tracking links, promo codes, etc.) provided by Advocate to Content Creator solely to execute the applicable Campaign in accordance with its terms.

b. License to Content Creator Property. Content Creator hereby grants to Advocate a nonexclusive, royalty-free, fully paid, irrevocable, transferable, worldwide license (with the right to grant and authorize sublicenses to Brands) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of (“Derivative Works”), display, publicly perform (including on a through-to-the-audience basis), and otherwise use any Content Creator Property solely to execute the applicable Campaign in accordance with its terms. For purposes of this Agreement, “Content Creator Property” means Content Creator’s name, nickname, initials, autograph, signature, social media handle, blog name, photograph, likeness, caricature, image, voice, statements, biographic information, copy, logos, company name, brand information, blog posts, photographs, videos, and any other information, content, or materials provided by Content Creator to Advocate in any manner (e.g. oral, video, written, etc.) in connection with an agreed-upon Campaign.

c. Right to Record Content Creator. If provided for in a Campaign, Content Creator authorizes Advocate (or the Brand specified in the Campaign) to photograph, record, tape, film, video and otherwise visually and audiovisually record Content Creator’s image, likeness, and voice (“Recorded Content”) to create Derivative Works in connection with Campaigns.

d. Survival of Certain Rights. If, during the term of a Campaign, Advocate (or the Brand specified in the Campaign) creates any Derivative Works or Recorded Content, Content Creator hereby grants to Advocate a royalty-free, fully paid, non-exclusive, irrevocable, transferable, worldwide license (with the right to grant and authorize sublicenses to Brands if specified in the applicable Campaign) to use any Content Creator Property solely to the extent embodied in such Derivative Works or Recorded Content perpetually notwithstanding the expiration or termination of this Agreement, for any purpose and in any medium now known or hereinafter devised.

e. Waiver of Certain Rights. Advocate is under no obligation to use the Content Creator Property, and Advocate may cease any permitted use of the Content Creator Property at any time, with or without notice, and without any liability to Content Creator. Advocate waives any rights to privacy, publicity, or any other rights of a similar nature in connection with the permitted use of the Content Creator Property. Except to the extent expressly set forth in the applicable Campaign, Content Creator will make no monetary or other claim against Advocate for use of the Content Creator Property as permitted by this Agreement.

f. Data Retention; Data Analytics. Advocate is not responsible for performing, and is not liable for any failure to perform, any back-up of any data provided, processed, or stored by an Advocate User in or through the Advocate Platform. Advocate may collect and use technical data and related information, including, but not limited to, UDID, and other technical information about Advocate Users’ devices, systems, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to Advocate Users related to the Advocate Platform, and to track and report Advocate Users’ activity inside of the Advocate Platform. Advocates may use this information for analytics purposes to specifically identify and compare how various Advocate Users execute Campaigns, to identify successful techniques and pitfalls in executing Campaigns, and to create reports of the same to share with Brands.

g. Representations and Warranties. Content Creator represents and warrants to Advocate that: (i) Content Creator has the full right, power, and authority to grant the rights set forth in this Agreement and that doing so will not cause Content Creator to breach any other agreement to which Content Creator is bound or a party; (ii) Content Creator will perform its obligations under each Campaign in compliance with all applicable laws and regulations, including without limitation, the Federal Trade Commission regulations on endorsements and truth in advertising; (iii) Content Creator Property will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iv) Content Creator has not misrepresented or concealed anything with respect to Content Creator’s background that may have a prejudicial effect on the value of any Campaign; (v) that Content Creator has not engaged nor will Content Creator engage during any Campaign in any activity (criminal or otherwise) that could potentially have a negative impact on Advocate or Brands who have engaged Content Creator via a Campaign.

h. Further Assurances. Content Creator will, upon Advocate’s reasonable request, furnish affidavits and other appropriate documentation of endorsement that may be required, in Advocate’s reasonable judgment, to comply with any applicable governmental or other regulations, broadcast clearance procedures, or industry guidelines relating to each Campaign.

7. Term and Termination

a. Term. The term of these Terms (the “Term”) will commence on the date on which you first access or utilize the Advocate Platform in any way (the “Effective Date”) and will continue until terminated as provided herein.

b. Termination. Advocate may immediately terminate these Terms or any Campaign at any time for any reason upon written notice to you. An Advocate User may terminate these Terms at any time for any reason upon written notice to Advocate if no active Campaign is in effect with such Advocate User. Any Advocate User may terminate any Campaign or these Terms:

If Advocate is adjudicated insolvent or declares bankruptcy; or

If Advocate materially breaches this Agreement and, after receiving written notice of the breach, Advocates fails to cure the breach within 30 days.

c. Effect of Termination. Upon termination of these Terms or any Campaign, Advocate will pay to Content Creator any compensation due to Content Creator for services performed prior to the effective date of termination. The following Sections of these Terms will survive termination or expiration of these Terms: 3, c, 5, 6.b - 6.h, 7 - 24.

8. Ownership

The Advocate Platform is owned and operated by Advocate. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Advocate Platform (“Materials”) provided by Advocate are protected by intellectual property and other laws. All Materials included in the Advocate Platform are the property of Advocate or our third-party licensors. Except as expressly authorized by Advocate, you may not make use of the Materials. Advocate reserves all rights to the Materials not granted expressly in these Terms.

9. Disclaimer of Warranty

a. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ADVOCATE PLATFORM IS PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE ADVOCATE PLATFORM MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, ADVOCATE DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF ADVOCATE, ITS AFFILIATES OR SERVICE PROVIDERS, ADVOCATE’S CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS (COLLECTIVELY, THE “ADVOCATE PARTIES”) WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE ADVOCATE PLATFORM. ADVOCATE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE ADVOCATE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ADVOCATE PLATFORM AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.

b. You acknowledge that any information you obtain from another Advocate User comes from those individuals, and not from Advocate, and that Advocate, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, Advocate disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of these Terms. If you are dissatisfied with the Advocate Platform, your sole and exclusive remedy is to discontinue accessing and using the Advocate Platform.

10. Limitation of Liability

a. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH ADVOCATE USER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE ADVOCATE PLATFORM, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE ADVOCATE PLATFORM. THE AGGREGATE LIABILITY OF THE ADVOCATE PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO ADVOCATE FOR THE ADVOCATE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE ADVOCATE PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF ADVOCATE OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE ADVOCATE PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF OTHER ADVOCATE USER PURSUANT TO THE ADVOCATE PLATFORM.

c. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE ADVOCATE PLATFORM AND ENGAGING IN ANY CAMPAIGNS YOU ENGAGE IN AND THE POSSIBLE RISKS INVOLVED IN USING THE ADVOCATE PLATFORM OR ENGAGING IN ANY CAMPAIGNS. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

11. Third Party Disputes

ADVOCATE IS NOT AFFILIATED WITH ANY BRAND, CONTENT CREATOR, CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY BRAND, CONTENT CREATOR, CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE ADVOCATE PLATFORM OR ANY CAMPAIGN, INCLUDING, WITHOUT LIMITATION, ANY OTHER ADVOCATE USER OR YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE ADVOCATE (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

12. Force Majeure

Advocate will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Advocate’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Advocate in fulfilling its obligations hereunder.

13. Indemnification and Release

a. To the fullest extent permitted by law, you will defend, indemnify and hold Advocate, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys’ fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of the Advocate Platform not specifically authorized hereunder and on the Advocate Platform; and (iii) any and all claims and actions against Advocate by other parties to whom you allow access to the Advocate Platform.

b. To the fullest extent permitted by law, you further waive, release and forever discharge the Advocate Parties from any and all responsibility or liability for injuries or damages resulting from your Massages or any other service obtained through the use of the Advocate Platform, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Advocate Platform.

c. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.

14. Additional Service Features

The Advocate Platform may contain information on products and services provided by third parties, and links (including advertisements) to third party web sites. This information and these products, services, and links are provided only as a convenience to Advocate Users. Advocate does not review or control this information or these products, services, or other web sites, and Advocate does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in the Advocate Platform does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Advocate with respect to any third party or its web site or content, or any information, products, or services provided by that third party. Advocate is under no obligation to maintain any link on the Advocate Platform and may remove a link at any time in its sole discretion for any reason whatsoever.

15. Dispute Resolution

a. Generally. In the interest of resolving disputes between you and Advocate in the most expedient and cost effective manner, you and Advocate agree that any dispute arising out of or in any way related to these Terms or your use of the Advocate Platform will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Advocate Platform, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ADVOCATE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND ADVOCATE UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION i BELOW.

Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including, but not limited to, an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.

b. Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

c. Arbitrator. Any arbitration between you and Advocate will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Advocate. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute of limitations period (“Notice”). Advocate’s address for Notice is: 2420 14th, Apt 822, Washington, D.C. 20009. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Advocate may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Advocate must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Advocate will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Advocate in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

e. Fees. If you commence arbitration in accordance with these Terms, Advocate will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Washington, DC, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Advocate for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

f. No Class Actions. YOU AND ADVOCATE 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 (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, California Labor Code § 2698 et seq. WHICH ARE NOT COVERED BY THIS SECTION 15). Further, unless both you and Advocate agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

g. Modifications to this Arbitration Provision. If Advocate makes any future change to this arbitration provision, other than a change to Advocate’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Advocate’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Advocate. If you do not send such written notice, your continued use of the Advocate Platform following any such change means that you have consented to such change.

h. Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Advocate Platform.

i. Opt Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Dispute Resolution provision, you may opt out of this Dispute Resolution provision by notifying Advocate in writing of your decision by sending, within 30 days of the date you receive these Terms, an electronic message to admin@adv.gg, stating clearly your full name and intent to opt out of the Dispute Resolution provision. Should you choose not to opt out of this Dispute Resolution provision within the 30-day period, you and Advocate will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.

16. Protected Activity Not Prohibited.

You should understand that, insofar as permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state or local government agency or commission (“Government Agencies”). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Advocate. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Advocate confidential information to any parties other than the Government Agencies.

You may receive confidential information from time to time in connection with your performance of Campaigns, including, without limitation, information regarding the release of new products, goods or services that has not yet been publicly disclosed (“Campaign Confidential Information”). Any such Campaign Confidential Information will be disclosed to you pursuant to a written notice from Advocate indicating that such information constitutes Campaign Confidential Information pursuant to these Terms. You shall maintain the confidentiality of, and not directly or indirectly use or divulge to any Person, any Campaign Confidential Information unless and until you receive written authorization from Advocate to do so, or as may be required by applicable law. If you shall be required by applicable law to disclose any Campaign Confidential Information, you shall provide Advocate with prompt written notice of such requirement so that Advocate may seek an appropriate protective order or other appropriate remedy, and you shall cooperate with Advocate to obtain such an order or other remedy; provided that in the event such an order or remedy is not obtained, you shall disclose only that portion of such Campaign Confidential Information which you are legally compelled to disclose and shall exercise your best efforts to obtain reliable assurance that confidential treatment will be accorded to any such Campaign Confidential Information so disclosed.

17. Governing Law; Choice of Forum

The laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms and your use of the Advocate Platform. Your use of the Advocate Platform may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Washington, DC and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

18. Feedback

If You provide any feedback to Advocate concerning the functionality and performance of the Advocate Platform (including identifying potential errors and improvements), You hereby assign to Advocate all right, title, and interest in and to such feedback, and Advocate is free to use such feedback without payment or restriction.

19. Entire Agreement; Variation

These Terms set forth the entire agreement between Advocate and you with respect to the Advocate Platform. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms. These Terms may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought

20. Severability

If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.

21. Relationship of Parties

Nothing herein will be deemed to create an employer-employee relationship between Advocate and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.

22. Waiver

No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.

23. Assignment

Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Advocate and any attempt to do so will be null and void. However, Advocate may assign or transfer these Terms at any time without your permission.

24. Third-Party Beneficiaries

The provisions of these Terms relating to the rights of Advocate content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms.