Terms & Conditions
Last Modified: June 2021
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. By using the Website and its platform, you acknowledge that you will forego the presentation of certain evidence which might otherwise be available for presentation in a federal or state judicial forum or through other alternative dispute resolution services. It is, however, necessary that you acknowledge and agree, and you hereby do acknowledge and agree, that a more efficient and expedient process is your voluntary choice and you agree to be bound by any decision issued by the Company’s arbitrators and mediators (the “Neutrals”). Accordingly:
BY USING THE WEBSITE, YOU EXPLICITLY CONSENT TO NEW ERA ADR AS THE DISPUTE RESOLUTION FORUM OF CHOICE NOTWITHSTANDING ANY PRIOR AGREEMENTS TO THE CONTRARY. YOU AGREE TO BE BOUND BY ANY DECISION ENTERED FOR OR AGAINST YOU BY THE COMPANY’S NEUTRALS. BY PARTICIPATING, YOU ASSENT AND AGREE THAT THE COMPANY AND ITS WEBSITE, THE ASSOCIATED ADR PLATFORM, AND ANY PROCEDURES PUBLISHED BY THE COMPANY, SATISFY ANY AND ALL DUE PROCESS REQUIREMENTS AND HEREBY WAIVE ANY CHALLENGE TO THE SAME. BY USING THE WEBSITE AND THE ASSOCIATED PLATFORM, YOU HEREBY AGREE TO WAIVE ANY CHALLENGES TO THE ENFORCEABILITY OF THE DECISION ISSUED BY THE COMPANY’S NEUTRALS, REGARDLESS OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE WEBSITE OR ITS PLATFORM.
You agree to not move any portion of your dispute off Platform for purposes of fee avoidance. You acknowledge that Company will charge its fees before commencement of any substantive portion of your dispute and that the full fee is earned upon intake of your case. You acknowledge and agree that Company’s fees are an accurate measure of damages should you move any portion of your dispute off-platform and that no refunds will be offered under any circumstances.
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 outside of their regular fees and expenses from the Company 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 Company 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 as well as any associated Company platform fees and agree to pay the same.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, at our sole discretion without notice. We will endeavor to ensure that website access does 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 Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website, including without limitation your own internet connection and computer equipment.
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. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. You agree that you are responsible for any filings made through your account or otherwise under your name on the Website. 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.
Intellectual Property Rights
The Website and its 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), are owned by the Company, its licensors or other 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.
- 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 one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- You may download one copy of the materials that are uploaded to the Website. 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 your computer or mobile device solely for your own personal, 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 Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text on the Website.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any personal or other commercial purposes any part of the Website or any services or materials available through the Website.
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 six month retention period for case documents. When this retention period is over, all documents will be permanently deleted from Company’s 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 Website are the trademarks of their respective owners.
- 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 Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website 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 Website 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 Website.
- 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 Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
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 Website.
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 Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. 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 Website or Platform. You must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you must not write, upload, or file anything on the Website that:
- Contains any material which is defamatory, 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.
- 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.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you do so repeatedly on the Website, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact the Company at [email protected] eraadr.com.
Reliance on Information Posted
The information presented by the Company on or through the Website is made available solely for general information purposes. 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website includes 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.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our Website, provided 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 from the Website
If the Website contains 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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Illinois in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website 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
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
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 DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
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.
Governing Law and Jurisdiction
Arbitration and Class Action Waiver
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The website is operated by New Era ADR.
All notices of copyright infringement claims should be sent to the copyright agent [email protected]
All other feedback, comments, requests for technical support and other communications relating to the Website 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.