Ejudicate

The future of online dispute resolution

Terms and Conditions

TERMS OF SERVICE


IMPORTANT: EJUDICATE does not and cannot provide legal advice.

- If you require legal advice you must obtain your own independent legal
counsel.

EJUDICATE does not and cannot recommend, endorse or otherwise contact
lawyers or legal professionals on your behalf.

EJUDICATE is a neutral, impartial dispute resolution service and does not
advocate, argue or provide legal advice for or to any party or user of the
Website or user of the EJUDICATE services.

Each case is assigned to an independent and impartial arbitrator (called an
“Ejudge”).

OUR EJUDGES/ARBITRATORS ARE AND ALWAYS WILL BE IMPARTIAL, NEUTRAL ARBITERS OF
EACH DISPUTE THEY ARBITRATE.

- By these Terms of Service you agree to Ejudicate’s role as final arbiter of
your dispute, claim or defense.

- You also acknowledge that in each dispute one party will prevail and one
party will not prevail and you accept the Ejudge’s ruling as final and binding.

THE DECISIONS RENDERED BY EJUDICATE ARE BINDING AND FINAL UNLESS YOUR CONTRACT
STATES OTHERWISE.

IF YOU OBJECT TO EJUDICATE’S JURISDICTION YOU ARE ENCOURAGED TO SEEK
INDEPENDENT LEGAL COUNSEL TO ADVISE YOU HOW TO PROCEED.

IF YOU FAIL TO OBJECT TO EJUDICIATE’S JURISDICTION YOU MAY FORFEIT OR WAIVE
YOUR RIGHT TO OBJECT TO ITS JURISDICTION IN THE FUTURE. AGAIN, IF YOU HAVE
QUESTIONS OR CONCERNS WE HIGHLY RECOMMEND YOU SEEK INDEPENDENT LEGAL ADVICE.

NOTE THAT EVEN IF EJUDICATE IS NOT YOUR ORIGINAL JURISDICTION YOU CAN AGREE TO
USE EJUDICATE TO ADJUDICATE OR RESOLVE YOUR DISPUTE.

- Your assigned Ejudge is available for you to contact through the EJUDICATE
dispute portal.

- Please note that all communications between you and the Ejudge will also be
shared with the opposing party so that there are no impartial communications
between your Ejudge and any of the disputing parties.


ADDITIONAL TERMS OF SERVICE


Welcome to the EJUDICATE, INC. ("EJUDICATE” or “we” or “us”) website located at
EJUDICATE.com and other affiliated websites (the "Website").

Please review the following terms and conditions concerning your use of and
access to the Website. By accessing, using and/or downloading any materials or
content from the Website, you agree to follow and be bound by these terms and
conditions (these "Terms" or this “Agreement”). If you do not agree with these
Terms, you may not use the Website.

General Provisions.

By agreeing to use EJUDICATE you are waiving the ability to conduct direct
discovery and you will not have a live hearing, argument or presentation with
the Ejudge or arbitrator. All disputes with EJUDICATE will be submitted
digitally or electronically through the Website and each case decided on the
merits of those submissions. The Ejudge or arbitrator may or may not ask
questions of the parties through the available communication channels provided
at the Website. The Ejudge or Arbitrator retains the exclusive right to
conduct discovery in your dispute.

By using EJUDICATE you are acquiescing to its jurisdiction and venue as the
arbiter of your dispute, claim or defense and you are waiving your right to
object to EJUDICATE’s jurisdiction or venue to resolve your dispute, defense or
claim.

By these Terms of Service you agree to Ejudicate’s role as final arbiter of
your dispute, claim or defense. You also acknowledge that in each dispute one
party will prevail and one party will not prevail and you accept the Ejudge’s
ruling as final and binding.

Products, Content, Specifications and Accuracy of Information:

We attempt to ensure that information on this Website is complete, accurate and
current. Despite our efforts, the information on this Website may be
inaccurate, incomplete or out of date. We make no representation as to the
completeness, accuracy or currentness of any information on this Website. All
features, content, specifications, products, colors and prices of products and
services described or depicted on this Website are subject to change at any
time without notice.

General Use Provisions.

All materials provided on the Website, including but not limited to
information, documents, products, logos, graphics, sounds, images,
compilations, content and services ("Materials" or “Content”), are provided
either by EJUDICATE or by respective third party authors, developers or
vendors ("Third Party Providers") and are the copyrighted works of EJUDICATE
and/or its Third Party Providers (or is permitted/licensed to be used by Third
Party Providers), unless specifically provided otherwise. Except as stated
herein, none of the Materials may be modified, copied, printed, reproduced,
distributed, republished, performed, downloaded, displayed, posted, transmitted
and/or otherwise used in any form or by any means, including but not limited to
electronic, mechanical, photocopying, recording, or other means, without the
prior express written permission of EJUDICATE and/or a Third Party Provider.
Also, you may not "mirror" or “archive” any Materials contained on the Website
on any other server without EJUDICATE’s prior express written permission.

Except where expressly provided otherwise by EJUDICATE, nothing on the Website
shall be construed to confer any license or ownership right in or to the
Materials, under any of EJUDICATE’s intellectual property rights, whether by
estoppel, implication, or otherwise. You acknowledge sole responsibility for
obtaining any such licenses. See the "Contact Information" section below if you
have any questions about obtaining such licenses. Materials provided by Third
Party Providers have not been independently reviewed, tested, certified, or
authenticated in whole or in part by EJUDICATE.

EJUDICATE does not provide, sell, license, or lease any of the Materials other
than those specifically identified as being provided by EJUDICATE.

Any unauthorized use of any Materials contained on the Website may violate
copyright laws, trademark laws, the laws of privacy and publicity, and/or
communications regulations and statutes. It is your obligation to comply with
all applicable state, federal and international laws. You are responsible for
maintaining the confidentiality of your account information and password and
for restricting access to such information and to your computer. You agree to
accept responsibility for all activities that occur under your account or
password.

Termination: You or we may suspend or terminate your account or your use of
this Website at any time, for any reason or for no reason. You are personally
liable for any orders that you place or charges that you incur prior to
termination. We reserve the right to change, suspend, or discontinue all or any
aspect of this Website at any time without notice.

Links to Third Party Sites.

The Website may contain links or have references to websites controlled by
parties other than EJUDICATE. EJUDICATE is not responsible for and does not
endorse or accept any responsibility for the contents or use of these third
party websites. EJUDICATE is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
EJUDICATE of the linked website and/or the content and materials found at the
linked website, except as specifically stated otherwise by EJUDICATE. It is
your responsibility to take precautions to ensure that whatever you select for
your use is free of viruses or other items of an intrusive nature.

Submissions.

Except where expressly provided otherwise by EJUDICATE, all documents,
comments, feedback, information and data submitted to EJUDICATE through, in
association with or in regard to the Website and/or any other EJUDICATE goods
or services ("Submissions") shall be considered non-confidential and
EJUDICATE’s subject to EJUDICATE’s document retention policy.

You will not post any Submission that (a) is defamatory, abusive, harassing,
threatening, or an invasion of a right of privacy of another person; (b)
bigoted, hateful, or racially or otherwise offensive; or (c) is violent,
vulgar, obscene, pornographic or otherwise sexually explicit.

EJUDICATE reserves the right, but disclaims any obligation or responsibility,
to (a) refuse to post or communicate or remove any Submission from any
EJUDICATE site that violates these Terms of Use and (b) identify any user to
third parties, and/or disclose to third parties any Submission or personally
identifiable information, when we believe in good faith that such
identification or disclosure will either (i) facilitate compliance with laws,
including, for example, compliance with a court order or subpoena, or (ii) help
to enforce these Terms of Use and/or protect the safety or security of any
person or property, including any EJUDICATE site. Moreover, we retain all
rights to remove Submissions at any time for any reason or no reason
whatsoever.

Children

EJUDICATE does not accept Submissions from persons under the age of 18 (“Child”
or “Children”). Furthermore, EJUDICATE does not accept any user who is a Child.
You are ineligible to use this Website if you are under the age of 18. If you
are under the age of 18, you must have your parent or legal guardian set up
your account and have them agree to these terms. If you are under the age of
18, your parent or legal guardian’s consent to these terms is ongoing and they
hereby warrant that they will review these terms for changes, and if any occur,
that they will be amenable thereto until you reach age 18, at which point you
hereby give your consent to these terms. Furthermore, to the extent any user
under the age of 18 makes a Submission of copyrighted materials heretofore,
their parent or legal guardian hereby grants EJUDICATE all rights to utilize
the copyright and image / likeness embodied therein as further enumerated in
this Agreement.

EJUDICATE reserves the right to cancel or suspend your account, if in its sole
discretion, it believes you are using EJUDICATE for improper purposes, or any
purpose inconsistent with its business.

Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF
EJUDICATE EXCEED $1,000.00. IN NO EVENT SHALL EJUDICATE OR THE THIRD PARTY
PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your computer,
telecommunication equipment, or other property and/or FOR LOSS OF DATA,
CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT
OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO
THE accessing or USE of, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES
ASSOCIATED THEREWITH including but not limited to the downloading of any
materials, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE
OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT
OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT
APPLY IN THE EVENT OF YOUR BREACH, OR RELATED TO YOUR INDEMNITY OBLIGATIONS.
THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED
“INDEMNITIES”.

Licenses From You

You grant to EJUDICATE and its Third Party Providers the non-exclusive,
worldwide right to use, copy, transmit and display any data, information,
Content or other Materials, provided to EJUDICATE by you in the course of
accessing and/or using the Website. Notwithstanding the foregoing, EJUDICATE’s
obligations regarding identification and other information concerning your
personal information shall be governed by the terms of the Privacy Policy
available under the FAQ page at EJUDICATE.com. The terms of the Privacy Policy
are expressly incorporated herein as though set forth in full.

Billing and Payment

To the extent you purchase any goods and/or services from EJUDICATE, you agree
to pay for all goods and services ordered from EJUDICATE and/or its Third Party
Providers except as set forth in a writing signed by an authorized
representative of EJUDICATE. You will provide EJUDICATE with valid and updated
credit card or approved purchase order information and with EJUDICATE and
accurate billing and contact information. If you provide credit card or other
authorized payment method information to EJUDICATE, you authorize EJUDICATE, or
a credit card processor of its choosing to bill such credit card or to make
such charges as applicable. If EJUDICATE, in its sole and absolute discretion,
permits you to make payment using a method other than a credit card or other
authorized payment method, EJUDICATE will invoice you at, or within a
reasonable period of, the time of the purchase request. All amounts invoiced
hereunder shall be due within thirty (30) days of the date of the invoice.

Representations and Warranties

Each party represents and warrants that it has the power and authority to enter
into this Agreement. EJUDICATE warrants that it will provide the Website and
all goods and services in a manner consistent with its business practices, as
EJUDICATE, in its sole and absolute discretion, deems fit. To the extent that
you represent an entity of any type or any individual besides yourself, you
represent and warrant that you have the proper authority to enter into this
Agreement on their behalf.

Disclaimer of Warranties

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY EJUDICATE, THE MATERIALS AND THE
SERVICES ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED
HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, EJUDICATE AND ITS
THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE
MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT
LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. EJUDICATE AND ITS THIRD PARTY
PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE
RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR
COMPLETENESS OF THE website and the GOODS, SERVICES AND/OR MATERIALS ASSOCIATED
WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY accessing or USING THE
WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EJUDICATE AND ITS THIRD PARTY
PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE
WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU
PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE
GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT
NEITHER EJUDICATE NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA
OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE
AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO
LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH
COMMUNICATIONS FACILITIES. EJUDICATE IS NOT RESPONSIBLE FOR ANY DELAYS,
DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE
EXPRESSLY PROVIDED OTHERWISE BY EJUDICATE, THE WEBSITE AND THE GOODS, SERVICES
AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS.
EJUDICATE EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS
AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU
USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL
RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

Indemnities

You shall defend and indemnify EJUDICATE and its Third Party Providers against
any and all claims, costs, damages, losses, liabilities and expenses (including
attorneys' fees and costs) finally awarded against EJUDICATE or its Third Party
Providers by a court of competent jurisdiction arising out of or in connection
with a claim by a third party related to you. EJUDICATE shall have no
indemnification obligation or other liability for any claim of infringement
arising from (a) use of the Website and/or the goods, services or Materials
associated with the Website other than in accordance with this Agreement; (b)
the combination of the Website and/or the goods, services or Materials
associated with the Website with any other products, services, or materials;
or (c) any third party products, services, or materials.

Your Responsibilities

You will comply with all applicable local, state, national and foreign laws,
treaties, regulations and conventions in connection with your use of the
Website, including without limitation those related to data privacy,
international communications, and the exportation of technical or personal data
from locations other than the location from which EJUDICATE controls and
operates the Website and services associated therewith. Furthermore, you
expressly agree not to violate any rights of publicity or privacy of any
person, nor defame any person or entity.

Notices

EJUDICATE may give notice by means of a general notice on the Website,
electronic mail to your e-mail address on record in EJUDICATE’s account
information, or by written communication sent by first class mail or pre-paid
post to your address on record in EJUDICATE’s account information. You may give
notice to EJUDICATE at any time by letter delivered by registered mail with
return receipt to:

All notices shall be deemed to have been given four days after mailing or 36
hours after sending by confirmed facsimile, email or posting to the Website.
Furthermore, EJUDICATE complies with the Digital Millennium Copyright Act (
“DMCA”). Any notices given pursuant to the DMCA shall be given to EJUDICATE’s
designated agent via email at [enter] or via registered US mail sent return
receipt to the mailing address on our contact page.

Miscellaneous Provisions

Any action related to this Agreement will be governed by California law and
controlling U.S. Federal law. No choice of law rules of any jurisdiction will
apply. Any disputes, actions, claims or causes of action arising out of or in
connection with this Agreement or the Website shall be subject to the exclusive
jurisdiction of the state and federal courts located in Los Angeles County,
California and to arbitration as stated herein.

At the request of EJUDICATE, any controversy or claim related to this
Agreement ("Claim") may be resolved by arbitration in accordance with the
Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply
even though this Agreement provides that it is governed by the laws of
California.

Arbitration proceedings will be determined in accordance with the Act, the
rules and procedures for the arbitration of financial services disputes of ADR
or any successor thereof ("ADR"), except that discovery in said arbitration
shall be limited in scope to the specifics of liability on the Claim, and any
discovery related to damages calculations or any financials shall be withheld
until after liability has been decided by the arbitrator(s). In the event of
any inconsistency between the ADR rules and this paragraph, the terms of this
paragraph shall control. The arbitration shall be administered by ADR and
conducted in Los Angeles California.

All Claims shall be determined by one arbitrator. All arbitration hearings
shall commence within ninety (90) days of the demand for arbitration and close
within ninety (90) days of commencement and the award of the arbitrator(s)
shall be issued within thirty (30) days of the close of the hearing. However,
the arbitrator(s), upon a showing of good cause, may extend the commencement of
the hearing for up to an additional sixty (60) days. The arbitrator(s) shall
provide a concise written statement of reasons for the award. The arbitration
award may be submitted to any court having jurisdiction to be confirmed and
enforced. The arbitrator(s) will have the authority to decide whether any Claim
is barred by the statute of limitations and, if so, to dismiss the arbitration
on that basis.

For purposes of the application of the statute of limitations, the service on
ADR under applicable ADR rules of a notice of Claim is the equivalent of the
filing of a lawsuit. Any dispute concerning this arbitration provision or
whether a Claim is arbitrable shall be determined by the arbitrator(s). The
arbitrator(s) shall have the power to award legal fees pursuant to the terms of
this Agreement. This paragraph does not limit the right of EJUDICATE to: (i)
exercise self-help remedies, such as but not limited to, setoff; (ii) initiate
judicial or nonjudicial foreclosure against any real or personal property
collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in
a court of law to obtain an interim remedy, such as but not limited to,
injunctive relief, writ of possession or appointment of a receiver, or
additional or supplementary remedies. In the event of any dispute (whether or
not arbitrated), the prevailing party shall be entitled to reasonable costs and
attorneys’ fees.

This Agreement represents the parties' entire understanding relating to the use
of the Website and supersedes any prior or contemporaneous, conflicting or
additional, communications.

EJUDICATE reserves the right to change these Terms or its policies relating to
the Website at any time and from time to time, and such changes will be
effective upon being posted herein. You should visit this page from time to
time to review the then current Terms because they are binding on you. Certain
provisions of these Terms may be superseded by expressly designated legal
notices or terms located on particular pages of the Website, which may be
posted from time to time. Your continued use of the Website after any such
changes and/or postings shall constitute your consent to such changes. If any
provision of this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, then such provision(s) shall be construed to reflect
the intentions of the invalid or unenforceable provision(s), with all other
provisions remaining in full force and effect. No joint venture, partnership,
employment, or agency relationship exists between EJUDICATE and you as a result
of these Terms or use of the Website. You may not assign this Agreement without
the prior written approval of EJUDICATE. Any purported assignment in violation
of this section shall be void. EJUDICATE reserves the right to use Third Party
Providers in the provision of the Website and/or the goods, service and/or
Materials associated therewith. The failure of either party to enforce any
right or provision in this Agreement shall not constitute a waiver of such
right or provision unless acknowledged and agreed to by such party in writing.
In the event of any litigation of any controversy or dispute arising out of or
in connection with this Agreement, its interpretation, its performance, or the
like, the prevailing party shall be awarded reasonable attorneys' fees and
expenses, court costs, and reasonable costs for expert and other witnesses
attributable to the prosecution or defense of that controversy or dispute. Any
and all rights not expressly granted herein are reserved by EJUDICATE.

Intellectual Property Notices

Elements of the Website are protected by copyright, trademark, trade dress and
other laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from the Website may be copied or retransmitted unless
expressly permitted by EJUDICATE.

The EJUDICATE trademark and/or other identifiers referenced herein are
trademarks of EJUDICATE and/or its affiliates, and may be registered in certain
jurisdictions.

Copyright © 2020 EJUDICATE, INC. All rights reserved.

Contact Information

If you have any questions about these Terms, or if you would like to request
permission to use any Materials, please contact our Customer Service at
[email protected]



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