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Terms of Service

Effective Date: January 1, 2024 | Last Updated: January 1, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether an individual or entity) and Arbitration.inc, a Delaware corporation ("Arbitration.inc," "we," "us," or "our"), concerning your access to and use of the Arbitration.inc online dispute resolution platform and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.

2. Description of Services

Arbitration.inc provides an online platform for alternative dispute resolution, including arbitration, mediation, and other dispute resolution services. Our Services include:

  • Case filing and management tools
  • Secure document upload and sharing
  • Virtual hearing capabilities
  • Arbitrator and mediator selection
  • Communication tools for parties and neutrals
  • Case tracking and reporting
  • Payment processing for fees and awards

3. User Accounts

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

3.2 Account Restrictions

You must be at least 18 years old to use our Services. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Arbitration Services

4.1 Platform Role

Arbitration.inc provides a technology platform for dispute resolution. We are not a law firm and do not provide legal advice. The arbitrators and mediators using our platform are independent contractors, not employees or agents of Arbitration.inc

4.2 Binding Arbitration

By participating in arbitration through our platform, you agree that:

  • The arbitration will be binding and enforceable
  • You waive your right to pursue the dispute in court
  • The arbitrator's decision will be final, subject to limited judicial review
  • Awards may be enforced in any court of competent jurisdiction

4.3 Arbitration Rules

Arbitrations conducted through our platform are governed by the applicable arbitration rules selected by the parties or specified in their arbitration agreement, which may include AAA rules, UNCITRAL rules, or other recognized arbitration rules.

5. Fees and Payment

5.1 Platform Fees

You agree to pay all fees associated with your use of the Services as described in our current fee schedule, which may include:

  • Filing fees
  • Administrative fees
  • Arbitrator or mediator fees
  • Hearing fees
  • Technology fees

5.2 Payment Terms

All fees are due and payable as specified in the fee schedule. Fees paid are non-refundable except as expressly provided in these Terms or required by law. We reserve the right to suspend or terminate access to Services for non-payment.

5.3 Award Payment

If an arbitrator renders an award requiring payment, the paying party is responsible for complying with the award. Arbitration.inc is not responsible for enforcing awards or collecting payments between parties.

6. User Conduct

You agree not to:

  • Use the Services for any unlawful purpose or in violation of these Terms
  • Submit false, misleading, or fraudulent information
  • Impersonate any person or entity
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any portion of the Services
  • Use automated systems or software to extract data from the Services
  • Transmit viruses, malware, or other harmful code
  • Violate the legal rights of others
  • Harass, abuse, or harm other users
  • Use the Services to send spam or unsolicited communications

7. Intellectual Property

7.1 Arbitration.inc's Intellectual Property

The Services and all content, features, and functionality are owned by Arbitration.inc and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

7.2 User Content

You retain ownership of content you submit to the Services ("User Content"). By submitting User Content, you grant Arbitration.inc a non-exclusive, worldwide, royalty-free license to use, store, copy, modify, and distribute your User Content solely for the purpose of providing the Services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Services may be used by Arbitration.inc without any obligation to you.

8. Confidentiality

All arbitration proceedings, including documents, evidence, and awards, are confidential unless:

  • The parties agree otherwise in writing
  • Disclosure is required by law or court order
  • Disclosure is necessary to enforce an award
  • The information is already public through no fault of the disclosing party

9. Disclaimers

9.1 Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ARBITRATION INC. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Legal Advice

NOTHING IN THE SERVICES CONSTITUTES LEGAL ADVICE. YOU SHOULD CONSULT WITH AN ATTORNEY REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.

9.3 Third-Party Services

We are not responsible for the actions, decisions, or other behavior of arbitrators, mediators, or other users of the Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARBITRATION INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Services
  • Any unauthorized access to or use of our servers
  • Any interruption or cessation of transmission to or from the Services
  • Any bugs, viruses, or other harmful code transmitted through the Services
  • Any errors or omissions in any content
  • The outcome of any arbitration or mediation proceeding

IN NO EVENT SHALL ARBITRATION INC.'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO ARBITRATION INC. IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless Arbitration.inc, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your User Content
  • Your dispute with another user

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

12.2 Arbitration of Disputes

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Services at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.

14. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Arbitration.inc regarding the Services and supersede all prior agreements and understandings.

15.2 Waiver and Severability

Our failure to enforce any provision of these Terms shall not be deemed a waiver. If any provision is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Information

For questions about these Terms of Service, please contact us at:

Arbitration.inc

Legal Department

Email: support@arbitration.inc