Terms & Conditions
Last Modified: August 29, 2023
The Services are offered and only available to users who reside in the United States or any of its territories and who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you are prohibited from accessing or using the Services.
Binding Agreement to Resolve Disputes
Company provides a digital dispute resolution platform that expedites the dispute resolution process through the use of technology and streamlined rules and procedures. You hereby acknowledge and agree that a more expedient process is your voluntary choice and you agree to be bound by any decision issued by the Company’s arbitrators and mediators (collectively, the “Neutrals”).
BY USING THE SERVICES, YOU EXPLICITLY CONSENT TO NEW ERA ADR AS THE DISPUTE RESOLUTION FORUM OF CHOICE NOTWITHSTANDING ANY PRIOR AGREEMENTS TO THE CONTRARY. YOU AGREE TO ABIDE BY THE APPLICABLE RULES AND PROCEDURES THAT GOVERN THE COMPANY’S DISPUTE RESOLUTION PROCESSES, AVAILABLE AT https://www.neweraadr.com/rules-and-procedures/ (THE “RULES AND PROCEDURES”) AT THE TIME OF THE FILING OF A CLAIM, AND BY ANY INTERPRETATION THEREOF AND DECISION WITH RESPECT THERETO BY ANY OF THE COMPANY’S NEUTRALS. YOU FURTHER AGREE TO BE BOUND BY ANY DECISION ENTERED FOR OR AGAINST YOU BY THE COMPANY’S NEUTRALS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICES.
You agree to not move any portion of your dispute off Platform for the purpose of fee avoidance; for clarity, this does not include where the parties attempt to settle a matter, including via off-Platform communications. You acknowledge that Company may charge its fees before commencement of any substantive portion of your dispute, that payment may be required in order for the case to proceed, and that after Company’s fees are paid they may not be refundable.
To the extent a Neutral facilitates the movement of any portion of a dispute off-platform for the purpose of fee avoidance, the Neutral will forfeit any fees due and owing and the full Platform fee will be deemed property of Company.
New Era partners with third party neutrals for both its arbitration and mediation products. Neutrals are independent, are not employees of the Company, and do not receive additional remuneration or compensation from the Company outside of their regular fees and expenses for presiding over cases. Neutrals do not solicit cases from the Company and act solely as unbiased arbiters in deciding cases submitted to us. The Services will integrate with the Neutrals and handle the assignment and calendaring functions of your case. The Company also acts as a clearinghouse for Neutrals’ fees and expenses. You acknowledge and agree that you are responsible for payment of the fees of the assigned Neutral, whether charged by the Company or otherwise, as well as payment of the fees of any associated Company Services and you agree to pay the same.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, at our sole discretion without notice. We will endeavor to ensure that Website and Platform access do not impact your case or any applicable deadlines, but we make no representations or warranties regarding the same. From time to time, we may restrict access to some parts of the Services, or the whole of the Services, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services, including without limitation your own internet connection and computer equipment.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information (“Content”). It is a condition of your use of the Services that all Content you provide on the Services is timely, correct, current, error-free, and complete. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Services. You hereby expressly grant the Company a royalty-free, non-exclusive license and right to use your Content to deliver the services detailed on the Website and Platform.
You represent and warrant that you own or otherwise control all the applicable rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Services, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. By having an account with us, you represent and warrant that all information including any contact information or registration information you provide is truthful, accurate, and up-to-date. You further represent and warrant that you will maintain the accuracy of your account information and inform us promptly of any changes to your information, including but not limited to any changes to your email address.
You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You are responsible for maintaining the confidentiality of your user account and password. You agree to accept responsibility for all activities that occur under your account, including any filings. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to exit and log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
By maintaining a user account through the Services, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Services, as permitted under the CAN-SPAM Act. You are expressly prohibited from selling, trading, or transferring your user account (including but not limited to, selling, trading, or transferring emails associated with such account).
License and Intellectual Property Rights
- “Aggregated Statistics” means (a) all data and metadata created in the course of and as part of a case on the Platform and (b) all data and metadata created in the course of your use of the Services, in each case, that are used by Company in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services, except as provided herein. Aggregated Statistics does not include, and Company will not retain (beyond Company’s stated document retention and destruction policies related to cases on the Platform), any documents or evidence submitted by the parties to a case on the Platform, any transcriptions of any hearings from a case on the Platform, any written findings of fact, reason, conclusions of law, legal analysis, and decision-making or any personal notes stored in the Platform.
- “Customer Data” means information, data, and other content, in any form or medium — other than Aggregated Statistics — that are submitted, posted, or otherwise transmitted by you or on your behalf using the Services.
The Website, Platform, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Company IP”) are owned by the Company, its licensors or, to the extent provided by any third parties, such third party providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. For the avoidance of doubt, Company IP includes Aggregated Statistics and any information, data, or other content derived from Company’s provision of the Services to you, but does not include Customer Data.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, Platform, or any part of the Website or Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction or publication.
- You may download a reasonable number of copies of the materials that are uploaded to the Platform, and any number of copies of materials uploaded to the Website or Platform in connection with a dispute (including, but not limited to, filings, orders, and awards). This includes materials for creating your own “file” of the case.
- If we provide desktop, mobile or other applications for download, you may download a single copy to each of your devices solely for your own access to the Services, and for no other commercial or non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text on the Services.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.
- Sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Services, including any copyrighted, patented, or trademarked content.
In conjunction with the above-referenced rules, you are responsible for maintaining your own case file. Company maintains its own document retention policies which includes a two-month retention period for case documents following resolution of each case. When this retention period is over, all documents will be permanently deleted from the Platform and not available for downloading in the future.
The Company name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners. Nothing contained on the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. You agree that you will not take any actions inconsistent with the Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Services.
You agree that Company shall have a revocable right to use your trademark solely in marketing materials demonstrating that you are a user of the Services.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
Additionally, you agree not to:
- Modify, adapt, translate, copy, reproduce, imitate, distribute, publish, or resell the Services or any of the content on the Services.
- Reverse engineer, decompile, disassemble, or otherwise obtain the source code of the Services, except as interpreted and displayed in a web browser.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
YOU WAIVE AND WILL HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES OR SUCH PARTIES.
We cannot review, monitor, delete, or edit all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. However, you acknowledge and agree that the Company has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party on the Services. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all use of the Services. You must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, and except as required evidence to a dispute on the Platform, you must not write, upload, or file anything on the Services that:
- Contains any material which is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable unless it is germane to the case.
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Is likely to deceive any person or entity.
- Promotes any illegal activity, or advocate, promote or assist any unlawful act.
- Intentionally embarrasses, alarms, harasses or annoys any other person.
- Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
- Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Notwithstanding any of the foregoing, you must not write, upload, or file anything on the Services, whether if required evidence for a dispute on the Platform or not, that contains software viruses or other harmful devices.
The Company respects the intellectual property rights of others and expect users to do the same. In appropriate circumstances, and at our sole discretion, we may terminate and/or disable access to and use of the Service by users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on the Services or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512
(“DMCA”), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Designated Agent”). If you are a copyright owner (or authorized to act on behalf of the owner) and believe that your copyrighted work has been infringed, please submit a written notice to our Designated Agent that substantially includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to help us locate the material;
- Information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and email address;
- A statement that you have 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
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
The written notice, along with any accompanying items, must be submitted to our Designated Agent at:
ATTN: DMCA Agent (New Era Legal)
New Era ADR, Inc.
917 W. Washington Blvd #104
Chicago, IL 60607
If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Content on the Services; Correction of Errors and Inaccuracies
We may update the content on the Services from time to time. However, the information on the Services may contain typographical errors or inaccuracies, and may not be complete or up-to-date. The Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. We are under no obligation to update such material and take no responsibility for any typographical errors or omissions. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. The Company also reserves the right to limit the scope of services (including after you have submitted your request). The Company apologizes for any inconvenience this may cause you.
Reliance on Information Posted
The information presented by the Company on or through the Services is provided by the Company on an “as is” band “as available” basis and is made available solely for general information purposes and for your convenience. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. You acknowledge that information transmitted through the Internet is never completely secure. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may contain content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Services and Social Media Features
You may link to our Services, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice and in our sole discretion.
Links to Third Party Websites
The Services may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to on the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Services is based in the State of Illinois in the United States. We provide the Services for use only by persons located in the United States. We make no claims or warranties that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and you are solely responsible for compliance with all applicable and local laws.
Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING, USAGE, OR TRADE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE) ARISING OUT OF, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA,, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, OR INABILITY TO USE, THE SERVICES, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SERVICES, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON THE COMPANY’S COMPUTERS AND/OR SERVERS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF COMPANY’S SERVICES AND ASSOCIATED SERVICES.
FOR DAMAGES NOT COVERED BY THE AFOREMENTIONED LIMITATION, IN NO EVENT WILL THE COMPANY BE LIABLE FOR AGGREGATE DAMAGES IN EXCESS OF THE FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE MOST RECENT EVENT THAT GAVE RISE TO YOUR CLAIM(S).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Remedies
Governing Law and Jurisdiction
Arbitration and Class Action Waiver
Limitation on Time to File Claims
Waiver and Severability
Other General Terms
Your Comments and Concerns
The Services are operated by New Era ADR, Inc.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected].
HIPAA Health Waiver.
What is the purpose of this authorization?
Federal and state privacy laws protect the use and disclosure of your health information. When you sign up with New Era ADR you give New Era ADR and its agents authority to use and disclose your health information as described here. This authorization describes the types of health information used as well as the different ways New Era ADR may use that information. Your information will be protected under state and federal laws and as explained below.
Who has and who will use my information?
New Era ADR will only use your information for the strict purpose of resolving your dispute. Specifically, whatever health related evidence you upload to the New Era ADR platform will be available to the other party, New Era ADR neutrals, and New Era ADR employees as applicable, to the extent necessary to facilitate your dispute resolution process.
What information will be used and disclosed?
You are allowing New Era ADR to use and disclose the following information:
- Your contact information, including your full name, address, phone number, and email address; and
- Your relevant medical records and bills; and any other information and evidence you provide through the New Era ADR platform
You understand that:
- You have the right to cancel this Authorization at any time by emailing New Era ADR, but that cancellation will not apply to any action that has already been taken based on this Authorization before then.
- You are entitled to a copy of these Rules.
- Unless you cancel it before then, this Authorization will expire five (5) years from today.
Educational and Legal Disclaimer
New Era ADR educational content and resources are not intended to be legal advice, and Parties shall not rely on our content or services as legal advice or representations regarding outcomes, negotiation, settlement, or insight into another party’s behavior or settlement practices.
United States Olympic and Paralympic Movement (USOPC) and United States Anti-Doping Agency (USADA) Addendum
- The Services are also available to users who reside outside the United States or any of its territories, and who are 13 years of age or older. If you are under the legal age to form a binding contract with the Company, you may only use the Services with oversight and permission from a parent and/or guardian, in which case such parent and/or guardian represents and warrants that they are of legal age to form a binding contract with the Company and that you meet all of the foregoing eligibility requirements.
To the extent a Neutral facilitates the movement of any portion of a dispute off-platform for the purpose of fee avoidance, the Neutral will forfeit any fees due and owing and the full Platform fee will be deemed property of Company.”
2) We updated the data and intellectual property sections to clarify information ownership and usage rights.
3) We included information on our Designated Agent for copyright infringement claim purposes.
4) We added a delegation clause on arbitrability to the arbitration section.