Terms of Use

  1. INTRODUCTION: These Terms of Use (“Terms”) govern your use of the Company’s website, participation in the online Community, and access to related content, resources, and offerings made available by Andrew Brodkin. For purposes of these Terms, “Company” means Andrew Brodkin, including Andrew Brodkin Law and Andrew Brodkin Consulting. “Community” means the online community currently hosted on the Skool platform and made available in connection with the Company, including memberships, discussions, webinars, templates, digital products, educational materials, and other offerings made available through that platform. The Community is currently hosted on the Skool platform, which is operated by a third party. Participation in the Community may also be subject to the terms and policies of that platform. By using the website, participating in the Community, or accessing related content or offerings, you agree to be bound by these Terms. If you do not agree to these Terms, you should discontinue use of the website and participation in the Community. You represent that you are at least eighteen (18) years of age and legally capable of entering into binding agreements.

  2. EDUCATIONAL CONTENT: The website and Community may include discussions, materials, responses, templates, resources, and other informational content relating to business strategy, negotiation, dispute resolution, legal concepts, and related topics. All such content is provided for informational and educational purposes only.

  3. NO ATTORNEY-CLIENT RELATIONSHIP: USE OF THE WEBSITE OR PARTICIPATION IN THE COMMUNITY DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP WITH THE COMPANY. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED UNLESS AND UNTIL A SEPARATE WRITTEN ENGAGEMENT AGREEMENT IS EXECUTED. ANY LEGAL SERVICES PROVIDED BY ANDREW BRODKIN LAW ARE GOVERNED EXCLUSIVELY BY THE TERMS OF THE APPLICABLE WRITTEN ENGAGEMENT AGREEMENT.

  4. PROFESSIONAL SERVICES AND SEPARATE AGREEMENTS: The Company may provide consulting, advisory, negotiation support, mediation, dispute resolution guidance, or other professional services. Where services are provided pursuant to a separate written engagement or services agreement, including legal services or consulting services, that agreement shall govern the relationship and control in the event of any conflict with these Terms.

  5. ACCOUNTS AND ACCESS: Access to the Community may require account registration through the platform hosting the Community. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and current information when registering or maintaining an account.

  6. COMMUNITY PARTICIPATION: Participation in the Community is voluntary. You agree to use the Community in a lawful and respectful manner. You may not use the Community to post unlawful, abusive, defamatory, infringing, or disruptive content, engage in harassment, spam, or solicitation, or interfere with the operation of the Community or the experience of other members. The Company reserves the right, but not the obligation, to monitor Community activity and remove content or restrict access to users who violate these Terms or otherwise interfere with the operation or integrity of the Community.

  7. CONFIDENTIAL INFORMATION: The Community is intended for general discussion and educational purposes. You should not post or share confidential, proprietary, sensitive, or non-public information within the Community. This includes, without limitation, confidential business information, trade secrets, client information, legal strategies, personal data of third parties, or information subject to contractual or legal confidentiality obligations. You are solely responsible for any information you choose to share within the Community. The Company does not guarantee the confidentiality of information shared within the Community and shall not be responsible for any disclosure or use of information posted by users. Participation in the Community does not create any duty of confidentiality by the Company.

  8. INTELLECTUAL PROPERTY: All content made available through the website and Community, including templates, frameworks, guides, videos, written materials, downloads, and educational resources, is the property of the Company or its licensors and is protected by applicable intellectual property laws. Access to such materials grants you a limited, non-exclusive, non-transferable, revocable license to use the materials solely for your personal use or internal use within your own business. You may not reproduce, distribute, publish, license, sell, or otherwise make such materials available to third parties without the Company’s prior written consent.

  9. USER CONTENT: Users may post comments, questions, or other content within the Community. You retain ownership of the content you submit. By posting content in the Community, you grant the Company a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute such content within the Community for purposes of operating and maintaining the platform. You are solely responsible for the content you submit.

  10. TERM AND TERMINATION: Access to the Community is provided on a subscription basis and continues until cancelled. Community memberships and subscription payments may be processed through third-party platforms, including the Skool platform and its payment processors. The Company does not control and is not responsible for the operation, security, or processing practices of such third-party payment systems. You may cancel your subscription at any time through the Community platform. Cancellation will stop future billing but will not retroactively refund previously paid fees except where required by law. The Company may suspend or terminate your access to the Community at any time, with or without notice, including for violations of these Terms, misuse of the Community, unlawful conduct, or for any other reason in the Company’s discretion. The Company reserves the right to modify, suspend, or discontinue the Community, in whole or in part, at any time. Upon termination or cancellation, access to the Community and related resources may be removed. Provisions that by their nature should survive termination, including intellectual property rights, indemnification, limitation of liability, and dispute resolution, shall survive termination.

  11. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless the Company from and against any claims, demands, damages, losses, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the website, the Community, your violation of these Terms, your violation of any applicable law, or any content you submit through the Community. Your indemnification obligations apply only to the extent caused by your acts or omissions, and you shall have no obligation to indemnify the Company for the Company’s sole negligence, gross negligence, or willful misconduct.

  12. DISCLAIMER OF WARRANTIES:

    a. “AS IS”: THE WEBSITE, COMMUNITY, AND ALL CONTENT, DISCUSSIONS, RESPONSES, TEMPLATES, MATERIALS, AND RESOURCES MADE AVAILABLE THROUGH THE WEBSITE OR COMMUNITY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. THE COMMUNITY RELIES ON THIRD-PARTY PLATFORMS AND SERVICES, INCLUDING THE SKOOL PLATFORM, AND THE COMPANY DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE AVAILABILITY, PERFORMANCE, OR SECURITY OF SUCH THIRD-PARTY SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    b. INFORMATIONAL CONTENT: CONTENT WITHIN THE COMMUNITY MAY BE PROVIDED BY THE COMPANY, MODERATORS, OR OTHER MEMBERS AND MAY INCLUDE GENERAL EDUCATIONAL INFORMATION RELATING TO BUSINESS, NEGOTIATIONS, OR DISPUTE RESOLUTION. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY INFORMATION SHARED WITHIN THE COMMUNITY OR ON THE WEBSITE. YOUR USE OF AND RELIANCE ON ANY CONTENT OR DISCUSSIONS WITHIN THE COMMUNITY OR ON THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

    c. SOLE REMEDY: TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE COMMUNITY IS TO DISCONTINUE PARTICIPATION AND CANCEL YOUR SUBSCRIPTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO DISCONTINUE YOUR USE OF THE WEBSITE.

  13. LIMITATION OF LIABILITY:

    a. LIABILITY CAP: TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, USE OF THE WEBSITE, OR PARTICIPATION IN THE COMMUNITY, INCLUDING ANY MEMBERSHIPS, WEBINARS, WORKSHOPS, TEMPLATES, DIGITAL PRODUCTS, EDUCATIONAL OFFERINGS, OR RELATED CONTENT MADE AVAILABLE THROUGH THE COMMUNITY OR WEBSITE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

    b. NO CONSEQUENTIAL DAMAGES: IN ADDITION, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF THE WEBSITE OR THE COMMUNITY, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WHERE ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    c. EXCEPTIONS: THE LIMITATIONS IN THIS SECTION 13 DO NOT APPLY TO SERVICES GOVERNED BY A SEPARATE WRITTEN ENGAGEMENT OR SERVICES AGREEMENT, INCLUDING LEGAL SERVICES OR CONSULTING SERVICES, AND DO NOT APPLY TO GROSS NEGLIGENCE, WILLFUL OR INTENTIONAL MISCONDUCT, FRAUD, OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

  14. DISPUTE RESOLUTION:

    a. Negotiation: You agree that any dispute, claim, or controversy arising out of or relating to these Terms, use of the website, or participation in the Community shall first be addressed through good faith efforts to resolve the matter informally by contacting the Company.

    b. Mediation: If the dispute cannot be resolved informally, the parties agree to attempt to resolve the dispute through confidential mediation. Mediation shall be conducted remotely by video conference unless the parties agree otherwise. Either party may request mediation by providing written notice to the other party. The parties shall attempt in good faith to agree upon a mutually acceptable mediator. If the parties are unable to agree upon a mediator within thirty (30) days after mediation is requested or if mediation does not resolve the dispute within sixty (60) days from initiation, either party may pursue litigation or any other remedies available under applicable law.

    c. Litigation: Any litigation arising out of or relating to these Terms, use of the website, or participation in the Community shall be brought exclusively in the state or federal courts located in the State of California, and the parties consent to the jurisdiction of such courts. To the extent permitted by the applicable court, the parties agree that proceedings may be conducted remotely.

    d. CLASS ACTION AND JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, USE OF THE WEBSITE, OR PARTICIPATION IN THE COMMUNITY SHALL BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, USE OF THE WEBSITE, OR PARTICIPATION IN THE COMMUNITY.

    e. Exceptions: This dispute resolution provision does not apply to services governed by a separate written engagement or services agreement, including legal services or consulting services.

  15. GOVERNING LAW; ATTORNEYS’ FEES: These Terms are governed by the laws of the State of California, without regard to conflict of law principles. To the fullest extent permitted by law, in any action or proceeding arising out of or relating to these Terms, use of the website, or participation in the Community, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, in addition to any other relief to which that party may be entitled.

  16. SEVERABILITY: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

  17. MODIFICATIONS: The Company reserves the right to modify these Terms at any time. Updated versions will be posted in connection with the Community or related platforms. Continued use of the website or participation in the Community after updates are posted constitutes acceptance of the revised Terms.

Contact Information

We welcome your questions or comments regarding these Terms. Please contact us at:

(Email or Text Preferred) Andrew Brodkin Law and Consulting law@andrewbrodkin.com 619-215-1926

600 West Broadway, Ste 700 San Diego, CA 92101 (By Appointment Only)

Effective Date: March 8, 2026