Terms of Use

New Era ADR Terms of Use

Last Modified: May 1, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between you and New Era ADR, Inc. (“New Era”, “Company”, “we”, “us” or “our”). The following terms and conditions (the “Terms of Use”) govern your access to and use of www.neweraadr.com, including any content, functionality and services offered on or through www.neweraadr.com (the “Website”) and its alternative dispute resolution platform at http://app.neweraadr.com (the “Platform”), whether as a guest or a registered user (the Website and Platform collectively, the “Services”).

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated by reference herein. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

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.

Changes to the Terms of Use

This version of these Terms of Use replaces and supersedes any prior terms of use applicable to the Services. You may use the Services for lawful purposes only, in accordance with these Terms of Use. We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to review these Terms of Use frequently so you are aware of any changes, as they are binding on you.

Binding Agreement to Use New Era Neutrals to Resolve Your Disputes

New Era provides a digital dispute resolution platform that expedites the dispute resolution process for organizations and individuals through the use of technology and streamlined rules and procedures. You hereby acknowledge and agree that this more expedient process is your voluntary choice and you agree to be bound by any decision issued by New Era’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.

Off-Platform Actions

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.

Neutrals

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.

Ensuring that all persons who access the Services through your internet connection or through your account are aware of these Terms of Use and comply with them.

User Content

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.

You acknowledge and agree that all information, including personal information and Customer Data, we collect on the Website or Platform or you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, shall be governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

User Account

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).

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We have final discretion in granting accounts and reserve the right to reject users without explanation, except that the Company will not prevent parties to an active dispute resolution proceeding from completing that proceeding.

License and Intellectual Property Rights

The Company grants you a limited, non-exclusive, non-transferable, revocable license (without the right to sublicense) to make use of the Services, regardless of the medium by which the Services are accessed by you (e.g., via a web or mobile browser). This license is limited to those rights specifically enumerated herein. You acknowledge that your use of the Services is at our sole discretion and your license to use the Services may be terminated by us at any time, for any reason or for no reason, except that the Company will not prevent parties to an active dispute resolution proceeding from completing that proceeding. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Services, to terminate any user’s account, and to alter or delete any material submitted to the Services through the user’s account, except that the Company will not prevent parties to an active dispute resolution proceeding from completing that proceeding. Following termination of this license, these Terms of Use shall continue to apply.

For purposes of this Terms of Use,

“Aggregated Statistics” means) 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 de-identified 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.

Notwithstanding anything to the contrary in these Terms of Use, Company may monitor your use of the Services (for performance, security, support, and compliance reasons) and collect and compile Aggregated Statistics. As between you and Company, all rights, title, and interest in Aggregated Statistics, including all patents, copyrights, trademarks, trade secrets, and other intellectual property rights, belong to and are retained solely by Company. You acknowledge that Company may compile Aggregated Statistics based on Customer Data input into the Services. You agree that Company may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you or your confidential information.

Company collects and processes Customer Data in accordance with its Privacy Policy, which is incorporated herein by reference. You own all right, title, and interest, including all intellectual property rights, in and to the Customer Data. You hereby grant to Company a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Company to (1) provide the Services to you, (2) compile Aggregated Statistics, and (3) comply with any reporting requirements, such as California Code of Civil Procedure §1281.96 and any similar state or federal law or regulation.

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.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials

you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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.

Trademarks

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.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use 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 send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

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.

Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use, except that the Company will not prevent parties to an active dispute resolution proceeding from completing that proceeding.

Impose a 25% remediation payment on the gross amount of the judgment whether it is for or against you for any violation of these Terms of Use.

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 acknowledge, consent, and agree that the Company may use your registration information and Content to: (a) enforce these Terms of Use; (b) respond to claims that any Content violates the rights of third parties; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of the Company, its affiliates, personnel, other users, and the public.

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.

Content Standards

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.

Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

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.

Copyright Infringement

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:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

1. Identification of the copyrighted work claimed to have been infringed;

1. Identification of the material that is claimed to be infringing and information reasonably sufficient to help us locate the material;
2. Information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and email address;
3. 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
4. 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 [email protected]

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.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

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.

Geographic Restrictions

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

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, demands, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your: (1) violation of these Terms of Use (2) use of the Services, (3) any use of the Service’s content, (4) any Content you post or submit through the Services, or (5) services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You agree that if you are dissatisfied with the Services or any services offered in connection with the Services, do not agree with any part of these Terms of Use, or have any other dispute or claim with or against the Company with respect to these Terms of Use or the Services, your sole and exclusive remedy is to discontinue using the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Informal Dispute Resolution Procedure

If a Dispute (any and all disputes between us including, but not limited to, claims arising out of or relating to any aspect of the relationship between us, the Terms of Use, or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) arises between you and New Era, New Era is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first use good faith efforts to settle the Dispute informally and directly through consultation and negotiations before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address utilized as your username and profile associated with your account, if applicable, to [email protected] The written description must be on an individual basis and provide, at minimum, the following information: your name and contact information; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with New Era. Unless the parties agree to extend the period for informal resolution, if the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and New Era agree to the further Dispute resolution provisions below.  

The informal dispute resolution procedure in this section is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution procedure.  

Arbitration and Class Action Waiver

You and the Company agree to submit any disputes arising from or related to these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding virtual arbitration by the Judicial Arbiter Group (JAG) located in Denver, CO

Any question or matter of arbitrability of any such dispute shall be determined by the neutral(s) handling the dispute through the Judicial Arbiter Group (JAG). For clarity, this means any determination of whether a dispute arising under the provisions of these Terms of Use or the Services shall be governed by arbitration shall be determined solely by the neutral(s) provided by the Judicial Arbiter Group (JAG) and not in a court of law or other judicial forum. The parties agree and acknowledge that they are waiving their right to seek a determination of arbitrability in a court of law or other judicial forum.

You agree to arbitrate solely on an individual basis. These Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. JAG may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding JAG’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, JAG has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, YOU HEREBY DISCLAIM AND WAIVE AND FORFEIT SUCH CAUSE OF ACTION OR CLAIM AND SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, the Rules and Procedures at the time of the filing of a claim, any other agreements, terms, or policies referenced herein (including, but not limited to, the Company’s Privacy Policy), and any other agreements directly signed and executed between the Company and you, whether on behalf of yourself or acting as agent with proper authority (express or implied) on behalf of your organization, constitute the sole and entire agreement between you and the Company with respect to the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

With respect to the Terms of Use, in the event of any inconsistency between the statements made in the body of the Terms of Use and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, the Terms of Use; (ii) second, the Rules and Procedures; (iii) third, any other agreements, terms, or policies referenced herein (including, but not limited to, the Company’s Privacy Policy), and (iv) fourth, unless otherwise specifically stated therein in which case such terms will take precedence as specified therein, any other agreements directly executed between the Company and you, whether on behalf of yourself or acting as agent with proper authority (express or implied) on behalf of your organization, and any exhibits attached thereto.

Other General Terms

Notwithstanding any provision of these Terms of Use, the Company has available all remedies at law or equity to enforce these Terms of Use. The Company shall have the right to assign these Terms of Use and to sublicense any and all of its rights under these Terms of Use. You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms of Use reflect a fair and reasonable allocation of risk between you and the Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.

The provisions of these Terms of Use that by their sense and context are intended to survive the performance of the Terms of Use shall survive termination of these Terms of Use, including provisions relating to: disclaimer of warranties, arbitration, licensing, ownership, damage limitations, choice of law, and indemnification.

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:

Since New Era ADR is not subject to HIPAA, the federal law that regulates use of protected health information, the information held by New Era ADR is not covered by the HIPAA Privacy Rule governing its use and disclosure, but you are still protected under federal and state consumer protection laws and New Era ADR’s Privacy Policy.

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

New Era ADR offers the Services for disputes that arise under the the United States Olympic and Paralympic Movement Commercial Arbitration Rules and/or the United States Anti- Doping Agency Protocol (“USOPC/USADA Disputes”), and the following addendum amends, supersedes, modifies and replaces the following provisions in the Terms of Use for USOPC/USADA Disputes:

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.

Any reference to the termination, suspension, blocking, rejection, refutation, prevention, alteration, or deletion of a user’s access to, license to, or account for the Services, shall only be exercised by the Company for a violation of these Terms of Use, in the Company’s sole discretion, but in no such case shall any such action inhibit a party from participating in an ongoing arbitration.

The Off-Platform Actions section of these Terms of Use shall be modified to read as follows: “You agree to not move any portion of your dispute off Platform for the sole 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 earned 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.”

The 25% remediation fee referenced in the Monitoring and Enforcement; Termination section of these Terms of Use shall be inapplicable and deleted for all USOPC/USADA Disputes.

New Era ADR Terms of Use – Release Notes 05/01/2024

Below is a summary of the changes to we made in this latest update to our terms of use:

1. We incorporated the Privacy Policy by reference.

1. We updated the definition of “Aggregated Statistics” to be more clear.

1. We added an informal dispute resolution process if any of our users have a dispute with New Era ADR.

New Era ADR Terms of Use – Release Notes 08/29/2023

Below is a summary of the changes to we made in this latest update to our terms of use:

1. We updated defined terms throughout the Terms of Use to clarify that they apply in full to the use of our Website and Platform, unless otherwise noted.

1. We updated the data and intellectual property sections to clarify information ownership and usage rights.

1. We included information on our Designated Agent for copyright infringement claim purposes.

1. We added a delegation clause on arbitrability to the arbitration section.

1. We made other minor updates throughout the Terms of Use to further provide clarity on various provisions