Terms of use.
JustMediationHub AGREEMENT TERMS OF USE
These JustMediationHub Terms of Use, together with JustMediationHub Privacy Policy and, where applicable, JustMediationHub Customer Subscription Agreement(collectively referred to as the “Agreement”), constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and JustMediationHub (JustMediationHub,” “we,” “us” or “our”), concerning your access to and use of the https://JustMediationHub.com website (the “Site”) and the JustMediationHub application (the “Service”). You agree that by accessing the Site and/or Service, you have read, understood, and agree to be bound by all of the terms of the Agreement, including as they may be updated from time to time. If you do not agree with all such terms, then you are expressly prohibited from using the Site and Service and you must discontinue use immediately. Supplemental terms and conditions that may be posted on the Site or within the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these JustMediationHub Terms of Use or to impose additional terms and conditions at any time and for any reason. We will make reasonable efforts to alert you about any material changes, including (but not limited to) by posting a notice to our website, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these JustMediationHub Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised JustMediationHub Terms of Use by your continued use of the Site or Service after the date such revised JustMediationHub Terms of Use are posted. The information provided on the Site and Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. To use the Site or Service, you agree that you (i) are at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Site or Service; and (iii) will register for and use the Site and Service in compliance with any and all applicable laws and regulations as well as all applicable legal guidelines, rules or frameworks (including state and local bar association rules).INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, the Site and Service are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other contention the Site and Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by applicable copyright and trademark laws and various other intellectual property and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site and Service “ASIS” for your information and personal, non-commercial use only. Except as expressly provided in these JustMediationHub Terms of Use, no part of the Site or Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission. Provided that you are eligible to use the Site or Service, you are granted a limited, revocable license to access and use the Site and Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Service, the Content and the Marks.
USER REGISTRATION
You may be required to register to take advantage of certain services. You agree to keep your password confidential and will be responsible for all use of your account and password. If you have reason to believe that your account is no longer secure, you must immediately notify us at info@JustMediationHub.com. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. By registering or otherwise using the Site or Service, you represent and warrant that all registration information you submit will be true, accurate, current, and complete and that you will maintain the accuracy of such information and promptly update such registration information as necessary.
FEES AND PAYMENT
JustMediationHub may offer the JustMediationHub product and services for purchase through iTunes,
Google Play or other software application stores or markets. We may also offer the
JustMediationHub product and services for purchase by payment card. We accept the following
forms of payment:
• Visa
• Mastercard
• American Express
• Discover
You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Site or Service. You further agree to promptly update
account and payment information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions and contact you as
needed. We may use a third-party payment processor to bill you through an online
billing account for purchases made via the Site and Service. In such event, payment
processing will be subject to the terms of use and privacy policies of the payment
processor in addition to this Agreement. We are not responsible for any error by our
payment processor. Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases,
and you authorize us to charge your chosen payment provider for any such amounts upon
making your purchase. We reserve the right to refuse any order placed through the Site
or Service.
APP STORE
You may download the JustMediationHub application from Apple’s app store, Google Play, or
other software application stores or markets. Each app store may have its own terms
and conditions to which you must agree before downloading an app from the store. If
you choose to download the JustMediationHub application from an app store or market, you
acknowledge that you have reviewed and accepted the terms of service applicable to
such store or market. If you download the JustMediationHub application from Apple’s app store,
you acknowledge and agree that:
• The Agreement is concluded between you and JustMediationHub, and as between Apple and
JustMediationHub, JustMediationHub l (not Apple) is solely responsible for the JustMediationHub application and
its content. Your use of JustMediationHub must comply with the Apple App Store Terms of
Service, which are available here:https://www.apple.com/legal/internet-services/itunes/us/terms.html .
• You will use the JustMediationHub application only on an Apple-branded product that you
own or control and as permitted by the “Usage Rules” set forth in the Apple App
Store Terms of Service.
• JustMediationHub is responsible for any maintenance and support services with respect to
JustMediationHub. Apple has no obligation whatsoever to furnish any maintenance and support
services related to JustMediationHub.
• In the event of any failure of the Jus-Law application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Jus-Law application and as between Apple and Jus-Law, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Jus-Law’s sole responsibility.
• As between JustMediationHub and Apple, JustMediationHub (not Apple) is responsible for addressing
any claims asserted by you or any third party relating to the JustMediationHub application
or your possession and/or use of that application, including (but not limited to):
(i)product liability claims;
(ii) any claim that the JustMediationHub application fails to conform to any applicable
legal or regulatory requirement, and (iii) claims arising under consumer protection,
privacy, or similar legislation.
• As between Apple and JustMediationHub, in the event of any third party claim that the
JustMediationHub application or your possession and use of that application infringes that
third party’s intellectual property rights, JustMediationHub l (not Apple) will be solely
responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
• You are not located in a country that is subject to a U.S. Government embargo,
or that has been designated by the U.S. Government as a “terrorist supporting”
country; and(ii) you are not listed on any U.S. Government list of prohibited or
restricted parties. • Without limitation, you must comply with all applicable
third party terms of agreement when using the JustMediationHub application. Apple, and
Apple’s subsidiaries, are third party beneficiaries of the Agreement, and, upon
your acceptance of the Agreement, Apple will have the right (and will be deemed
to have accepted the right) to enforce the Agreement against you as a third party
beneficiary thereof. CANCELLATION You can cancel your subscription at any time by
logging into your account or contacting us using the contact information provided
below. If you cancel, you will continue to have access to JustMediationHub until the end of
your subscription term.
PROHIBITED ACTIVITIES You agree not to:
• Systematically retrieve data or other content from the Site or Service to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
• Make any use of the Site or Service that is not authorized by the Agreement,
including by collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, creating user accounts by
automated means or under false pretenses, or attempting to collect personal information
about users or third parties without their consent.
• Use a buying agent or purchasing agent to make purchases on the Site or within the
Service.
• Use the Site or Service to advertise or offer to sell goods and services, unless
specifically authorized by JustMediationHub.
• Circumvent, disable, or otherwise interfere with security-related features of the
Site or Service or measures designed to prevent or restrict access to the Site or
Service (or any portion thereof), including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the Site, Service
and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Site or Service.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or
misconduct.
• Engage in any automated use of the system, such as using scripts to send comments
or messages, or using any data mining, robots, or similar data gathering and
extraction tools.
• Interfere with, disrupt, or create an undue burden on the Site or Service or the
networks or services connected thereto.
• Sell or otherwise transfer your profile or the access granted herein.
• Use the Site or Service or any information obtained from the Site or Service in
order to harass, abuse, annoy, intimidate, threaten, disparage or harm another
person, JustMediationHub, or the Site or Service.
• Use the Site or Service as part of any effort to compete with us or otherwise use
the Site or Service and/or the Content for any revenue-generating endeavor or
commercial enterprise.
• Decipher, decompile, disassemble, copy, adapt, or reverse engineer any of the
software comprising or in any way making up a part of the Site or Service.
• Violate or encourage others to violate the rights of third parties, including
intellectual property rights.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
any material acting as a passive or active information collection or transmission
mechanism (including clear gifs, web bugs, cookies, spyware, and similar devices),
or other material, including any form of spamming, that interferes with any party’s
uninterrupted use and enjoyment of the Site or Service or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site or Service.
• Except as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site or Service, or using or launching any unauthorized script
or other software.
• Use the Site or Service in a manner inconsistent with any applicable laws or
regulations(whether local, state, national, or international). USER GENERATED
CONTRIBUTIONS The Site and Service may invite you to chat, contribute to,
or participate in blogs, message boards, online forums, and other functionality
or forums, and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site or Service, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”).Contributions
may be viewable by other users of the Site or Service and through third-party
websites. As such, any Contributions you transmit may be treated as non-confidential
and non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will not
infringe the rights of any third party, including but not limited to copyright,
patent, trademark, trade secret, privacy, publicity, or moral rights.
• You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, the Service, and
other users of the Site and Service to use your Contributions in any manner
contemplated by the Site and Service and the Agreement.
• You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name, likeness or
other information capable of identifying each and every such individual person
to enable inclusion and use of your Contributions in any manner contemplated by
the Site and the Agreement.
• Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
• Your Contributions are not inaccurate, misleading, defamatory, libelous, or
slanderous, and would not be deemed by a reasonable person to be objectionable,
profane, indecent, pornographic, exploitative, harassing, discriminatory, threatening,
hateful, or otherwise inappropriate.
• Your Contributions do not violate any applicable law or regulation (whether local,
state, national, or international), including (but not limited to) those concerning
child pornography or otherwise intended to protect the health or well-being of minors
and those relating to data privacy.
• Your Contributions do not otherwise violate, or link to material that violates,
any provision of the Agreement, or any applicable law or regulation. We do not
assert any ownership over your Contributions and we are not liable for any
statements or representations in Contributions provided by you in any area on
the Site or within the Service. You are solely responsible for your Contributions
to the Site and Service and you expressly agree to exonerate us from any and all
responsibility or liability related to your Contributions and to refrain from
any legal action against us regarding your Contributions. We have the right, in
our sole and absolute discretion, to edit, remove, or otherwise change any
Contributions at any time and for any reason, without notice. We have no obligation
to monitor your Contributions. Public Contributions: By posting your Contributions
to any non-private part of the Site or Service, which includes all areas and portions
of the Site or Service aside from those to or in which access is limited to just
you and any attorney you have engaged or considering engaging
(“Public Contributions”), you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Public Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Public Contributions, and grant and
authorize sub licenses of the foregoing. The use and distribution may occur in any
media or form, now known or hereafter developed. You waive all moral rights in your
Public Contributions, and you warrant that moral rights have not otherwise been
asserted in your Public Contributions.
Attorney-Client Communications:
As described in our Privacy Policy, Attorney-Client Communications (information,
including Contributions, exchanged with any attorney that you choose to engage
(or whom you are considering engaging) through private chat functions) will not be
accessed, used or disclosed by JustMediationHub except as expressly set forth in the Privacy
Policy. You are responsible for evaluating whether these uses or disclosures have any
implications for any claim of privilege, including attorney-client and work product
privilege, regarding such information in your jurisdiction. You acknowledge and accept
that JustMediationHub is not a provider of legal services, advice, or counseling and no
attorney-client relationship exists between you and JustMediationHub. JustMediationHub is not
responsible for any opinions, advice, or other legal communications that may
be provided, shared, or otherwise communicated via the Site or Service or any
consequences thereof. Attorneys registered to use the Site or Service are not
employees or agents of JustMediationHub and JustMediationHub makes no representation concerning
the qualifications, competency, or skills of those attorneys. Should you choose
to engage an attorney, you do so at your own risk and any terms or agreements you
may enter with such attorney, including relating to fee arrangements, are between
you and your attorney and do not involve JustMediationHub in any way.
THIRD-PARTY WEBSITES AND CONTENT
The Site and Service may contain (or you may be sent via the Site or Service) links
to other websites (“Third-Party Websites”) as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications, software,
and other content or items belonging to or originating from third parties
(“Third-Party Content”). If you decide to leave the Site or Service and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware this Agreement no longer govern. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or Service or relating
to any applications you use or install from the Site or Service. You agree and
acknowledge that we have not reviewed, do not endorse and are not responsible for
any Third Party Websites (including the advertising, products, services or other
material offered thereon) or Third Party Content that may be included, linked to,
used or installed on the Site or through the Service. You agree and acknowledge
that JustMediationHub is not responsible for the legality, accuracy, or appropriateness of
such Third Party Websites or Third Party Content and shall not be responsible or
liable, directly or indirectly, for any harm, damage, or loss caused or alleged
to be caused by or in connection with the use of any such Third Party Websites
or Third Party Content.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY Notifications We respect
the intellectual property rights of others. If you believe that any material available
on or through the Site or Service infringes upon any intellectual property right
owned or controlled by you, please immediately notify our Designated Copyright Agent
in writing using the contact information provided below (a “Notification”). JustMediationHub
responds expeditiously to Notifications. If we remove content in response to your
Notification, a copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised that pursuant
to federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should consider
first contacting an attorney.
All Notifications should meet the requirements of 17 U.S.C.§ 512(c)(3) and include
(or substantially include) the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works on the Site or within the Service are covered by the
Notification, a representative list of such works;
(3) identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the material;
(4)information reasonably sufficient to permit us to contact the complaining party,
such as an address, telephone number, and, if available, an email address at which
the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
(6) a statement that the information in the Notification is accurate, and under
penalty of perjury, that the complaining party is the owner or authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed upon.
JustMediationHub has adopted and implements a policy that provides for termination in
appropriate circumstances of accounts of users who repeatedly infringe copyright or
other intellectual property rights of JustMediationHub or others.
Counter Notification
If you believe your own copyrighted material has been removed from the Site or Service
as a result of a mistake or misidentification, you may submit a written counter
notification to our Designated Copyright Agent using the contact information provided
below (a “Counter Notification”). To be an effective Counter Notification under the
DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location
at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court
in which your address is located, or if your address is outside the United States,
for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed
the Notification or the party’s agent;
(4)your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the
material in question was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled; and
(6) your physical or electronic signature. If you send us a valid, written Counter
Notification meeting the requirements described above, we will send a copy to the
party that filed the Notification notifying that party that we may replace or
restore or cease disabling access to the disputed content. Unless we receive
notice from the party filing the Notification within 14 days informing us that
such party has filed a court action to restrain you from engaging in infringing
activity related to the material in question, we will replace, restore or
otherwise cease disabling access to the disputed content or allow the user to re-post
the disputed content. Please note that if you materially misrepresent that the
disabled or removed content was removed by mistake or misidentification, you
may be liable for damages, including costs and attorney’s fees. Filing a false
Counter Notification constitutes perjury.
Mr. Joe Richetti & Mr. Kevin Paganini
Bryan Cave Leighton Paisner LLP
1290 6th Avenue
New York City New York USA
212 541 2000
TERM AND TERMINATION
The Agreement shall remain in full force and effect while you use the Site or Service.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE THE AGREEMENT, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SITE OR SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, WHETHER PERMANENTLY OR TEMPORARILY, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED OR
INCORPORATED IN THE AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE OR SERVICE OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress. After your account is terminated, information and content
previously provided by you will no longer be accessible through your account, but
certain content may remain available and JustMediationHub may continue to use and store such
information and content and it may also be used and stored by third parties to whom
it has been transferred through your use of the Site or Service.
MODIFICATIONS, INTERRUPTIONS, AND CORRECTIONS
We reserve the right to change, modify, or remove some or all of the Site or Service, temporarily or permanently, at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or Service. We cannot guarantee the Site or Service will be available at all times or that all information provided is accurate and without omissions. For example, we may experience hardware, software, or other problems or need to perform maintenance related to the Site or Service, resulting in interruptions, delays, or errors or information provided on the Site or in the Service may have mistakes, factual inaccuracies or the like. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and Service at any time or for any reason without notice to you, including to change, update, and correct any errors or inaccuracies related to the information on the Site or within the Service. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Service during any downtime or discontinuance of the Site. Nothing in the Agreement will be construed to obligate us to maintain and support the Site or Service or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
The Agreement and your use of the Site and Service are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to the Agreement (each a “Dispute” and collectively, the “Disputes”)
brought by either you or us (individually, a“ Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below)informally for at least thirty
(30) days before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party Binding Arbitration If
the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration on an individual basis. YOU UNDERSTAND
THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes
(“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed
by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. If such costs are determined to by the arbitrator to be excessive, we will
pay all arbitration fees and expenses. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will make
a decision in writing, but need not provide a statement of reasons unless requested
by either Party. The arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, will take place in New York, NY. Except as
otherwise provided herein, the Parties may litigate in court to compel arbitration,
stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator. If for any reason, a Dispute
proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in New York, NY, and the Parties
hereby consent to, and waive all defenses of lack of personal jurisdiction,
and forum non conveniens with respect to venue and jurisdiction in such state
and federal courts. Application of the United Nations Convention on Contracts
for the International Sale of Goods and The Uniform Computer Information
Transaction Act (UCITA) are excluded from the Agreement.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted bylaw,
(a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. The Parties agree that
the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICE WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS WELL AS ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING,USAGE, OR TRADE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S OR SERVICE’S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICE, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICE.LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITEOR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6)MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, due to, arising out of, or in any
way connected to:
(1) your Contributions;
(2) your access to or use of the Site or Service;
(3) your breach of the Agreement or violation of any applicable law, regulation,
legal guideline, rule or framework (including state and local bar association rules);
and
(4) your violation of the rights of a third party, including but not limited to
intellectual property or privacy rights. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts
to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site or within the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at(800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
This Agreement, does not constitute the entire agreement and understanding between you and us regarding your use of and access to the Site and Service. There are several other agreements when a subscriber subscribes. Our failure to exercise or enforce any right or provision of the Agreements shall not operate as a waiver of such right or provision. The Agreements operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of the Agreements are determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreements and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Agreements or your use of the Site or Service. You agree that the Agreements will not be construed against us by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of the Agreements and the lack of signing by the parties hereto to execute the Agreements.
CONTACT US
In order to resolve a complaint regarding the Site or Service or to receive further
information regarding use of the Site or Service, please contact us at:
JusGlobal LLC d/b/a
JustMediationHub One World Trade Center
285 Fulton Street 85th Floor | Suite 8500
New York City NY 10007 USA
https://www.JustMediationHub.com
attorney@JustMediationHub.com