Terms of Service
Version Effective Date: January 1, 2021
Welcome to the Pacific ADR, LLC website located at www.pacific-adr.com (referred to herein as the “Site”) (we refer to the Site and the services provided through the Site, collectively, as the “Online Services”). These Terms of Service (“Terms of Service”) set forth an agreement between you and Pacific ADR, LLC (“Pacific ADR”) governing your use of the Online Services. “You,” “Your” or “User” refers to you as an individual who browses the Site or uses the Online Services, and if you are using the Online Services as an employee of or otherwise on behalf of an organization or entity, the terms also refer to and bind your organization or entity.
By using any of the Online Services, creating a User account or submitting information on a case to a Pacific ADR resolution center, you signify your acceptance of these Terms of Service to the maximum extent permitted by law. You may only use the Online Services, open an account and/or submit information about a case to Pacific ADR if you are at least 18 years old. Please do not attempt to use any of the Online Services if you are younger than 18.
Pacific ADR, has the right to modify or update these Terms of Service at any time without providing notice. Any additional or different terms in these Terms of Service shall be effective upon being posted on the Site. Your continued use of any of the Online Services following the posting of updated Terms of Service constitutes your acceptance of those additional or different terms.
Pacific ADR reserves the right to add, change, modify, suspend or discontinue all or any of the Online Services, in its sole discretion, at any time. Pacific ADR added an enhanced Online Service to the Site, its Pacific ADR Access Portal, which you can access to use in connection with an arbitration matter you initiate or in which you are involved, by establishing an account as indicated on the Portal. Unless expressly stated otherwise herein, the use of any new Online Services, including the availability of new services or products through the Site, shall be subject to these Terms of Service. In addition, Pacific ADR also may impose limits on any of the Online Services or restrict your access to the Site or portions thereof in its sole discretion without notice or liability. Pacific ADR reserves the right to refuse to provide you with access to any of the Online Services or to refuse to allow you to create a User account for any reason.
Pacific ADR Access Portal
The Pacific ADR Access Portal located at www.pacific-adr.com (“Portal”) enables you to access a state-of-the-art Online Service that handles virtually all aspects of your alternative dispute resolution/ADR (e.g., arbitration/mediation) matter. Once you log in, you can upload and download case documents and materials, and depending on the type of ADR and the nature of your communication, you can communicate with your side of the case only, or with the opposing party only or with all parties (including the Neutral) via the online messaging function (the case manager is privy to all communications), view your account invoices and statements (while Neutrals can input and view their timesheets but not party invoices), and initiate payment (which is actually handled off Pacific ADR Site directly with our payment processor for purposes of security and efficiency. Users of the Portal begin with an overview home page, giving them navigation options to various channels such as recently viewed cases, messages, uploaded documents related to their case, invoices and account issues, and the case calendar with upcoming dates of which they may need to be aware, which is refreshed every 30 minutes. The User can change his/her password in account settings, indicate how often he/she wants email notifications, and express informational preferences/interests that will tailor what other information Pacific ADR will provide to them about Pacific ADR and areas of interest to the User.
You acknowledge and agree that as between you and Pacific ADR, Pacific ADR and its licensors retain all right, title and interest in and to all data and information (excluding data and information that you provide), content and materials provided on the Site, including, without limitation, text, images, graphics, page headers, other content, any trademarks, service marks and logo of Pacific ADR (collectively, “Content”), the selection and arrangement of elements displayed on the Site, the compilation of all Content on the Site and the business processes, procedures, methods and techniques used in the Online Services) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (“Intellectual Property”).
Pacific ADR grants you a limited license to access and use the Online Services for your personal use, subject to all of the terms and conditions of these Terms of Service. You may not: (i) remove any logos, or trademark or copyright notices or any other notice contained in any Content or element provided on the Site, (ii) reproduce, download, modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, publicly display or perform, or in any way commercially exploit Content or Online Services without Pacific ADR's prior written consent (except (i) as otherwise facilitated or indicated as you use the Portal, and (ii) that you may print copies of individual screens on the Site as well as Content such as newsletters and documents that show a Print icon for your internal personal or business use), (iii) use any circumvention tools or any metatags or other hidden text utilizing Pacific ADR's name, logo, URL or the name of any of the Online Services without Pacific ADR's prior written consent, or (iv) disassemble, decompile or reverse engineer any of the Content, materials or underlying software made available on or through the Site or used to provide any of the Online Services.
Accounts and Security; Confidentiality
To use certain Online Services, such as the Pacific ADR Access Portal, you may be directed to register with the Site and create an account or otherwise provide Pacific ADR with certain information about yourself and your case (if applicable). By submitting your information through the Site, subject to any confidentiality agreement with Pacific ADR (if applicable), you grant Pacific ADR a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Pacific ADR's operation of the Site and/or performance of the Online Services for you and others you may designate. As part of the registration process, you will be asked to submit such information as your name, title, email address, mobile phone number, and to choose a user name and password. If you submit information on a case to Pacific ADR, you may also be asked to provide your company’s name, mailing address, phone number, fax number, email address and web address, case information, identity of the parties to the dispute and your preferences for the hearing format, Pacific ADR resolution center, Pacific ADR Neutral (the arbitrators or mediators who preside over a given Pacific ADR case are called “Neutrals”) and hearing dates for the case. You represent and warrant that all information you provide to Pacific ADR for purposes of creating an account (“Registration Information”) will be true, accurate, current and complete and your failure to comply with this warranty shall constitute a breach of these Terms of Service and may result in the immediate termination of your account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete, and (ii) maintain the confidentiality of your password.
Except for confidential information received in connection with any dispute resolution proceedings/cases, Pacific ADR does not wish to receive any confidential or proprietary information from you via the Site or Online Services, whether by email, via the Online Services, or in any other manner. You agree that any confidential information you provide outside of such proceedings, including without limitation any concepts, ideas, plans, techniques or any other information or content that you provide, may be used by Pacific ADR in any manner without restriction.
You shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your account and/or password.
You agree to immediately notify Pacific ADR of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. Pacific ADR is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Use of the Online Services
You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Online Services. Pacific ADR may immediately terminate your account, or suspend your access to your account, in its sole discretion and without notice, for conduct that Pacific ADR believes is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Service or any other policies or guidelines posted on the Site, or (iii) harmful to other users, third parties, or Pacific ADR's business. Use of an account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, Pacific ADR may terminate your account if you file a claim against Pacific ADR, or a claim which in any way involves Pacific ADR. Upon Pacific ADR's termination of your account for any of the forgoing reasons, (a) Pacific ADR will have no obligation to notify any third parties regarding such termination, and (b) you will be responsible for any damages that may result or arise out of termination of your account.
You understand that you, and not Pacific ADR, are solely responsible for any information submitted about a case (“Case Information”) through the use of any of the Online Services. Pacific ADR does not control the Case Information posted on the Site or transmitted through the use of any of the Online Services and, as such, does not guarantee the accuracy, reliability or quality of such Case Information. Pacific ADR has no obligation to pre-screen Case Information that is displayed on the Site or transmitted through the use of any of the Online Services. Under no circumstances will Pacific ADR be liable in any way for any Case Information including, but not limited to, any errors or omissions in any Case Information, or any loss or damage of any kind incurred as a result of your use or loss of use of any Case Information posted, emailed, transmitted or otherwise made available on the Site or through the Online Services. You agree that Pacific ADR may, in its sole discretion, refuse to post, store or transmit any Case Information submitted by you and may move, remove, edit or modify any such Case Information for any reason at any time.
You agree not to:
upload, post, email, transmit, display on the Site or make available through the use of any of the Online Services: (a) any information that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or otherwise objectionable on the basis of race, ethnicity, religion or sexual orientation, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, or national law or regulation, (b) any information that you do not have a right to make available under applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information obtained as part of employment relationships or under nondisclosure agreements), (c) any information that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any third party or entity, (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other improper form of solicitation, or (e) any content or material that contains any virus, Trojan horse, worm, time bomb, bot or spider or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
use any of the Online Services (i) to harm minors in any way, (ii) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (iii) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service, or (iv) to violate any applicable local, state, or national laws or regulations including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, or any rules or regulations of any national or other securities exchange;
remove any proprietary notices from the Site;
hack or seek unauthorized access to or compromise the integrity of the Site and Online Services (whether or not to obtain personal information), or breach or attempt to breach the security of the Site, Online Services and related servers and infrastructure, or attempt to disrupt any Online Services, servers or networks; harvest or collect or store any personal data or information about Users, or attempt to do so.
You acknowledge, consent and agree that Pacific ADR may access, preserve and disclose account information and/or Registration Information or Case Information that you provide if Pacific ADR is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (A) comply with legal process, (B) enforce these Terms of Service, (C) respond to claims that any Registration Information or Case Information violates the rights of any third parties, (D) respond to your requests for customer service, or (E) protect the rights, property or personal safety of Pacific ADR, its employees, partners, agents or members of the public.
Links to Other Websites
THE SITE AND THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, JAMS SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, THE INFORMATION ON THE SITE SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND COUNSEL OF A LICENSED ATTORNEY.
Pacific ADR makes no representation or warranty that (i) the Site or the Online Services will meet your expectations or requirements, (ii) the Site or the Online Services will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Online Services will be accurate, timely, complete or reliable, (iv) any errors or defects in the Site or the Online Services will be corrected, or (v) the Site and the Online Services and/or the server that makes the Site and the Online Services available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Site and the Online Services may be interfered with by numerous factors outside of Pacific ADR's control including, but not limited to: telecommunications network disruptions. Pacific ADR is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Online Services. You are entirely responsible for your access to the Internet, including payment of all related fees, in order to access the Site.
Informational Site; No Legal Advice. This Site is not a solicitation of business and is for informational purposes only. All Content on the Pacific ADR website is intended to provide general information about Pacific ADR and an opportunity for interested persons to contact Pacific ADR. The Site Content is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation. Pacific ADR Neutrals listed on the Site are not engaged in the practice of law by virtue of such listing, and no attorney-client relationship is intended or created. While Pacific ADR endeavors to keep the information updated and correct, Pacific ADR makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the Content and other information contained on the Site. You should conduct your own investigation and research regarding any and all information on this Site before making the decision to utilize the Site or any Online Services, including investigation and research of Pacific ADR Neutrals.
You acknowledge that the entire risk arising out of the use or performance of the Site or any of the Online Services remains with you to the maximum extent permitted by law.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR ANY OF THE ONLINE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE AND THE ONLINE SERVICES.
Limitation of Liability
IN NO EVENT SHALL PACIFIC ADR OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES/ASSOCIATES, NEUTRALS, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR SERVICE/CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE SITE OR ANY ONLINE SERVICES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF JAMS OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL PACIFIC ADR BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE ONLINE SERVICES OR SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF PACIFIC ADR TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).
Online Services Limitation of Liability
PACIFIC ADR HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE PEOPLE YOU AUTHORIZE TO ACCESS YOUR ACCOUNT, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR ACCOUNT INCLUDING, BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE ONLINE SERVICES UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER JAMS NOR ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES/ASSOCIATES, NEUTRALS, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE USE OF THE ONLINE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE ANY PERSONAL INFORMATION THROUGH THE ONLINE SERVICES.
Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.
You agree that Pacific ADR, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site or any of the Online Services at any time under certain circumstances including, but not limited to, if Pacific ADR believes in good faith that you have violated or acted inconsistently with these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that Pacific ADR determines to be inappropriate or unacceptable.
You agree to defend, indemnify and hold Pacific ADR and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees/associates, Neutrals, agents, directors, officers and members, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site or any of the Online Services, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or any of the Online Services, (iv) your use or disclosure of another person’s personal, financial or credit information or (v) the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the information that you post on the Site or transmit through the use of any of the Online Services.
Pacific ADR respects the intellectual property rights of others and we ask our Users to do the same. Pacific ADR generally does not monitor or pre-screen any content or information submitted to the Online Services by you, although we reserve the right to do so in our sole discretion. If you believe a User of the Site is infringing your copyright, please notify Pacific ADR in accordance with the following procedure: All notifications of copyright infringement must be in writing and directed to Pacific ADR'S designated agent at the following address, fax number or email address:
1400 112th Ave SE
Bellevue, WA 98004
Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Pacific ADR to locate the material, (iv) information reasonably sufficient to permit Pacific ADR to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a statement that the complaining party has 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These Terms of Service, and any other agreement regarding the Online Services between you and Pacific ADR, constitute the entire agreement between you and Pacific ADR with respect to your access and use of the Site and the Online Services and supersede all prior and contemporaneous agreements between you and Pacific ADR. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Pacific ADR's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Service shall be the laws applicable in the State Washington, without regard to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Washington. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Online Services, you and Pacific ADR will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) it will be deemed a “dispute,” and then all parties shall join in mediation services in Washington with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.