Please read the following Terms of Use ("Terms of Use") carefully as it constitutes legally binding terms and conditions between you ("You", "Your") and [our company] ("Company", "we", "us", or "our").
These Terms of Use ("Terms") explain the rules for using our website at [arbitration.net] and any other Company-owned, branded, or controlled websites or applications that link to these Terms (collectively, the "Platform"), and any services or additional functionality accessed via the Platform, including Internet-based alternative dispute resolution systems through which you may have your arbitration or mediation proceedings administered or conducted online (collectively, "Online Services"). "You" refers to you as a user of the Platform or Online Services.Welcome to [Company Name] ("Company," "we," or "us," or "our").
BY USING THE PLATFORM OR ONLINE SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.
If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Platform and Online Services with permission from your parent or legal guardian. Certain Online Services may not be available for use by those under 18 years old.
In addition, certain Online Services may be subject to separate membership and/or registration requirements, and eligibility for such Online Services will be determined by the Company in its sole discretion.
Some of our Online Services (e.g., specific arbitration or mediation services and certain AI Features, defined below) are subject to additional terms and conditions (“Additional Terms”). Additional Terms may include, without limitation, applicable arbitration and mediation rules and dispute resolution procedures accessible on the Platform (“Platform Rules”). Where Additional Terms apply to an Online Service, we will make them available for you to read prior to your use of that Online Service. By using that Online Service, you agree to the Additional Terms. Any Additional Terms are incorporated herein by this reference. If there is a conflict between these Terms and any of the Additional Terms, the Additional Terms shall govern with respect to the applicable Online Service.
Certain Platform features and/or Online Services are subject to a fee, as set forth in our Fee Schedules, available on the Platform. Where applicable, you agree to pay any and all fees associated with your use of that Platform feature or Online Service. Please note that some fees are nonrefundable, as clearly articulated in our Fee Schedules.
Use of the Platform and Online Services may require data or Internet access and a compatible device, and your data/Internet access provider may charge you data and/or carrier fees. The Company is not responsible for providing or arranging for such access or for any carrier fees or charges. You acknowledge and agree that, when using the Platform or any Online Service, you will: (a) provide your own access to the Internet and pay any service fees associated with such access, and (b) provide all equipment necessary for you to access the Internet, including a device and any necessary software. The Company is not responsible for any malfunctions, errors, crashes, or other adverse events that may occur from your use of the Platform or the Online Services.
USER CONDUCT
When you use the Platform or Online Services, you may not:
USER CONTENT
The Platform and some of the Online Services allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Platform or Online Services, you give us permission to reproduce and use your User Content as follows: subject to any separately provided confidentiality or privacy obligations, you grant to us and those we work with a perpetual, non-exclusive, fully paid, royalty-free license to use, host, store, reproduce, modify, create derivative works, and distribute your User Content for the limited purposes of operating, promoting, providing, and improving the Platform and Online Services, and to develop new Services. We may exercise our rights under this license anywhere in the world and in any media.
You promise that:
The Company does not pre-screen, monitor, or edit User Content posted or otherwise made available on or through the Platform or Online Services. However, we may refuse to accept or transmit User Content for any reason and may, at our sole discretion, remove User Content from the Platform or Online Services.
OWNERSHIP
We own or license all right, title, and interest in and to (a) the Platform and Online Services, including all software, text, media, and other content available on the Platform and Online Services (“Our Content”); and (b) our trademarks, logos, trade dress, and brand elements (“Marks”). The Platform, Online Services, Our Content, and Marks are protected under U.S. and international laws. The Platform and Online Services are copyright © [Company Name]. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without our express written permission.
PRIVACY
Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and share personal information and other data. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.
LINKED SITES; THIRD-PARTY PLATFORMS
The Platform and Online Services may contain links to third-party websites and online resources (collectively, “Linked Sites”). A link to a third party’s website does not mean that we endorse it or are affiliated with it.
You may have the ability to link your account or otherwise access third-party services or platforms (collectively, “Third-Party Platforms”) to facilitate information sharing and/or the provision of services by such third parties. We do not have custody or control over the Linked Sites or Third-Party Platforms. To the extent you allow a third party to access your User Content, it is your responsibility to evaluate the risks related to such disclosure. We are not responsible or liable for any damage or loss related to your use of any Linked Site or Third-Party Platform. You should always read the applicable terms and conditions and privacy policies before using any Linked Site or Third-Party Platform.
BROWSING SESSION INFORMATION AND CHATBOT TECHNOLOGY
We use technologies that may maintain records of your browsing sessions, chats, and other activities on our Platform and Online Services. These technologies may include session replay that records your interactions with our Site, chatbots that maintain chat transcripts, cookies, pixels, and other tracking technologies that collect and share information about your interactions with our Platform and Online Services. We may use information collected through these technologies to provide and improve the Platform and Online Services, for quality control, customer service, fraud prevention, and security, in accordance with our Privacy Policy.
GENERATIVE ARTIFICIAL INTELLIGENCE FEATURES
The Platform and our Online Services may include features that use generative artificial intelligence or machine learning models (“AI Features”). AI Features may analyze information you provide and return suggested text, summaries, recommendations, or other outputs (“AI Outputs”).
Unless otherwise specified in the Additional Terms for a particular AI Feature: (i) AI Outputs are provided solely for general informational purposes; (ii) AI Outputs do not constitute legal advice or professional advice of any kind; and (iii) your use of AI Features does not create an attorney-client, expert, fiduciary, or other advisory relationship with the Company or its Affiliates. You should consult a qualified professional before relying on any AI Output.
You understand and agree that AI Outputs may be incorrect, incomplete, or misleading and may not accurately reflect applicable law, Platform Rules, or the facts of any matter. You are solely responsible for evaluating and verifying AI Outputs before using them and for any decisions or actions taken in reliance on them. To the maximum extent permitted by law, the Company and its Affiliates disclaim all warranties and liability arising from or related to your use of or reliance on AI Outputs.
Unless expressly requested or required by an Online Service and you have all necessary rights, you should not include confidential, privileged, proprietary, personal, health, financial, or other sensitive information in prompts or inputs to AI Features. If you choose to provide such information, you do so at your own risk and subject to our Privacy Policy and any applicable Additional Terms.
As between you and the Company, you retain any rights you have in your prompts and AI Outputs, subject to the “User Content” section of these Terms. You grant the Company the rights described in the “User Content” section to operate, maintain, secure, and improve the Platform and Online Services, including to develop and enhance AI Features.
The Company does not represent or warrant that AI Outputs are non-infringing or suitable for any particular purpose. You are responsible for ensuring compliance with all applicable laws, Platform Rules, orders, and policies in any use of AI Features or AI Outputs. You agree not to use AI Features to generate or disseminate unlawful, harmful, misleading, discriminatory, or abusive content; to circumvent Platform Rules, orders, or procedures; or to make automated decisions that materially affect the rights of others without appropriate human oversight.
AI Features may be provided or supported by third-party service providers, and your inputs and AI Outputs may be processed by such providers. AI Features may also be integrated with or rely on Third-Party Platforms or models, and your use of those features may be subject to third-party terms and privacy policies. The Company does not control and is not responsible for third-party services, platforms, or models.
MULTI-FACTOR AUTHENTICATION (MFA) SMS AUTHENTICATION CONSENT
By enrolling in SMS-based multi-factor authentication, you:
You are responsible for:
No Guarantee of Delivery: While we, or a third party administering the MFA service, will make reasonable efforts to deliver SMS authentication codes, we do not guarantee delivery times or availability. SMS delivery may be affected by factors including carrier issues, network congestion, device compatibility, or international restrictions.
DISCLAIMER AND LIMITATIONS ON OUR LIABILITY
YOUR USE OF THE PLATFORM AND ONLINE SERVICES IS AT YOUR OWN RISK. THE PLATFORM AND ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE PLATFORM OR ONLINE SERVICES, OR OF ANY WEBSITES OR SERVICES LINKED TO OR INTEGRATED WITH THEM. THE COMPANY AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM OR ONLINE SERVICES; (c) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION OR USER DATA; (d) INTERRUPTION OF TRANSMISSION TO OR FROM THE PLATFORM OR ONLINE SERVICES; (e) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR TECHNOLOGICAL HARM TRANSMITTED BY ANY THIRD PARTY; (f) ANY LOSS OR DAMAGE ARISING FROM CONTENT POSTED, SHARED, OR GENERATED (INCLUDING BY AI FEATURES) THROUGH THE PLATFORM OR ONLINE SERVICES; OR (g) ANY DAMAGES, HARM, OR LOSSES RESULTING FROM YOUR USE OF OR RELIANCE ON AI OUTPUTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM OR ONLINE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE PLATFORM OR ONLINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, OR THE COST OF OBTAINING SUBSTITUTE PRODUCTS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, SHALL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
USER WARRANTIES
You represent and warrant that you will only use the Platform and Online Services in accordance with these Terms, any applicable Additional Terms, and all applicable laws, statutes, rules, regulations, ordinances, and policies applicable in any relevant jurisdiction.
SERVICE MODIFICATIONS AND TECHNICAL OUTAGES
The Company may change, add, or remove any of the services or features available on the Platform or through the Online Services at any time.
The Company shall not be responsible for any outages, technical failures or defects in the Platform, including but not limited to the Online Services.
USER INDEMNIFICATION
By using this Platform or any of the Online Services, and to the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold the Company, its affiliates, directors, and employees harmless from any and all claims, liabilities, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising from or relating to any actual or alleged breach of these Terms by you or anyone using your account. We will have sole discretion to select counsel to represent us, and you agree to reasonably cooperate in such defense.
TERMINATION
We reserve the right to modify, limit, or terminate any person’s access to the Platform or Online Services at any time, in our discretion. If you violate these Terms, we may terminate your permission to use the Platform and Online Services.
TERRITORIAL USE/ACCESS DISCLAIMER
We control and operate the Platform from our offices in the United States of America. Materials on the Platform may not be appropriate or available for use in other locations. If you choose to access the Platform from other locations, you do so at your own initiative and are responsible for complying with applicable local laws.
DISPUTE RESOLUTION AND CHOICE OF LAW
If a dispute arises out of or relates to your use of the Platform or the Online Services, you agree to first attempt to resolve the dispute informally through good-faith negotiation. If the dispute cannot be settled through negotiation, you agree that any legal action will take place exclusively in the federal or state courts located in [County], [State].If a dispute arises out of or relates to your use of the Platform or the Online Services, you agree to first attempt to resolve the dispute informally through good-faith negotiation. If the dispute cannot be settled through negotiation, you agree that any legal action will take place exclusively in the federal or state courts located in [County], [State].
Your use of the Platform and Online Services, and these Terms as well as any Additional Terms excluding Intellectual Property Rights and claims, are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Intellectual Property Rights and claims are governed by the laws of the State of California.
MISCELLANEOUS
Under no circumstances will we be liable for any delay or failure in performance due, in whole or in part, to acts of nature or other causes beyond our reasonable control.
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be deemed severable and will not affect the enforceability of the remaining provisions.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision or prevent future enforcement.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
CHANGES TO THESE TERMS
From time to time, we may change these Terms. If we do, we will provide notice by posting the revised Terms on the Platform, and the changes will be effective when posted.
PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS AND CHECK THE PLATFORM REGULARLY FOR ANY UPDATES.
CONTACT US
If you have any questions about these Terms, please contact us at:
[email protected]