Andrews Dispute Resolution
Effective Date: 11 June 2020
The terms “us”, “we”, and “our” refer to Andrews Dispute Resolution, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Client” is someone who has signed our agreements and registered with our Website and/or our third-party platforms to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Client. The term “Service” refers to any services we sell or give away. The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website, Services or third-party platforms, whether produced by our Clients, if applicable, or by us, are collectively known as our “Content”. We distinguish content posted by our Clients as “Client Content”.
Acceptance of Agreement
This Agreement is between you and Andrews Dispute Resolution.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Andrews Dispute Resolution and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this http://susanandrews.zolapreview.com/adr/Privacy-Notice_cp20765.htm. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.andrewsdisputeresolution.com Privacy Notice, do not use this Website or our Services.
Limitation on Damages
Should any legal controversy or claim arise from or relate to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, damages shall be limited only to the fees actually paid to Andrews Dispute Resolution.
Choice of Law, Venue and Jurisdiction
This Agreement will be treated as if it were executed and performed in Nicholasville, Jessamine County, Kentucky, United States of America, and will be governed by and construed in accordance with the laws of the state of Kentucky without regard to conflict of law provisions. In addition, you agree to submit to the exclusive personal and any other jurisdiction and venue of the Jessamine County District Court Small Claims court in the state of Kentucky, and agree that any legal action or proceeding relating to this Agreement must be brought in that court. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Andrews Dispute Resolution grants you a nonexclusive, nontransferable, revocable license to access and use our Website, Services and third-party platforms strictly in accordance with this Agreement. Your use of our Website, Services and third-party platforms is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website, Services or third-party platforms may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Andrews Dispute Resolution.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website, Services or third-party platforms does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Andrews Dispute Resolution.
Our Content, as found within our Website, Services and third-party platforms, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website, Services and third-party platforms does not grant you any ownership rights to our Content.
Eligibility and Registration for Services
When you complete the registration process, you will receive login credentials, e.g., usernames, passwords, etc., that will allow you to access our Services. You agree to maintain the confidentiality of your login credentials and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your login credentials.
You agree to immediately notify us of any unauthorized use of your login credentials or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with login credentials security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
Andrews Dispute Resolution reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website, Services or third-party platforms at any time without notice.
Our Website publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. Accordingly, Andrews Dispute Resolution has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Andrews Dispute Resolution. Andrews Dispute Resolution does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and merchants. You agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, therapeutic and/or other professional advice and that no professional relationship of any kind is created between you and Andrews Dispute Resolution or our Clients. You hereby agree that you will not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website, Services or third-party platforms.
Andrews Dispute Resolution is not responsible or liable in any manner for any Content posted on our Website or third-party platforms or in connection with our Services, whether posted or caused by Clients of our Website, or by Andrews Dispute Resolution. Although we provide rules for Client conduct, we do not control and are not responsible for what Clients post, transmit, or share on our Website, Services or third-party platforms, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website, Services or third-party platforms. Andrews Dispute Resolution is not responsible for the online or offline conduct of any User of our Website, Services or third-party platforms.
Our Website, Services or third-party platforms may be temporarily unavailable from time to time for maintenance or other reasons. Andrews Dispute Resolution assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Client communications.
Andrews Dispute Resolution is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Clients’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website, Services or third-party platforms, including, without limitation, any software provided through our Website, Services or third-party platforms.
Under no circumstances will Andrews Dispute Resolution be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website, Services or third party platforms, or any interactions between Users of our Website, Services or third-party platforms, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, SERVICES AND THIRD-PARTY PLATFORMS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
ANDREWS DISPUTE RESOLUTION INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, SERVICES OR THIRD-PARTY PLATFORMS. ANDREWS DISPUTE RESOLUTION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE, SERVICES OR THIRD-PARTY PLATFORMS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. ANDREWS DISPUTE RESOLUTION DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE, SERVICES OR THIRD-PARTY PLATFORMS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ANDREWS DISPUTE RESOLUTION.
OUR WEBSITE, SERVICES AND THIRD-PARTY PLATFORMS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, SERVICES OR THIRD-PARTY PLATFORMS WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL ANDREWS DISPUTE RESOLUTION OR ITS OWNERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, INDEPENDENT CONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE, SERVICES OR THIRD-PARTY PLATFORMS, EVEN IF ANDREWS DISPUTE RESOLUTION IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANDREWS DISPUTE RESOLUTION’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR BEING A CLIENT PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Clients may post or share their content to our Website or third-party platforms through our Services (Client Content). Clients and Visitors understand that by using our Website, Service or third-party platforms, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Client Content and do not in any way guarantee its quality, accuracy, or integrity. Andrews Dispute Resolution is not responsible for the monitoring or filtering of any Client Content. Should any Client Content be found illegal, Andrews Dispute Resolution will submit all necessary information to relevant authorities.
If any Client Content is reported to Andrews Dispute Resolution as being offensive or inappropriate, we may ask the Client to retract or otherwise modify the questionable content within 24 hours of being notified by Andrews Dispute Resolution. If the Client fails to meet such a request, Andrews Dispute Resolution has full authority to restrict the Client’s ability to post or share Client Content OR to immediately terminate the Client’s registration without further notice to the Client.
Without limiting the foregoing, we have sole discretion to remove any Client Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Clients are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Clients will respect copyright and trademark laws.
You warrant that you will not use our Website, Services or third-party platforms to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Clients whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Client, you agree not to use our Website, Services or third-party platforms to do any of the following:
Upload, post, or otherwise transmit any Client Content that:
1. Violates any local, state, federal, or international laws
2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
4. Links directly or indirectly to any materials to which you do not have a right to link
5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
6. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website, Services or third-party platforms
7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
8. In the sole judgment of Andrews Dispute Resolution is objectionable or restricts or inhibits any other person from using or enjoying our Website, Services or third-party platforms, or which may expose Andrews Dispute Resolution, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
1. Develop a competing website
2. Create compilations or derivative works as defined under United States copyright laws
3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
4. Decompile, disassemble, or reverse engineer our Website, Services or third party platforms, and any related software
5. Use our Website, Services or third-party platforms in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant Andrews Dispute Resolution a license to use the information and materials you post to our Website or third-party platforms. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Client Content”) to our Website or third-party platforms, you are granting Andrews Dispute Resolution, its owners, partners, officers, directors, employees, subcontractors, independent contractors, agents, consultants, representatives, and affiliates, a license to use the Client Content in connection with the operation of the business of Andrews Dispute Resolution, its owners, partners, officers, directors, employees, subcontractors, independent contractors, agents, consultants, representatives, and affiliates, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Client Content. You understand and agree that you will not be compensated for any Client Content. By posting Client Content on our Website, Service or third-party platforms, you warrant and represent that you own the rights to the Client Content or are authorized to post, display, distribute, perform, or transmit Client Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, products, information, content, and/or data of such third-party websites.
Andrews Dispute Resolution has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
To the extent that you purchase any Services directly from us, you agree to the refund policy contained within our Client agreements.
To the extent that you purchase any goods directly from us, we may refund your purchase price within thirty (30) days of your notifying us in writing of your desire for the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when you purchased it. Any refund or return may be subject to restocking fees as found on our Website.
Termination of Client Relationship
You agree to indemnify, defend, and hold us and our owners, partners, agents, officers, directors, employees, subcontractors, independent contractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website, Services or third-party platforms.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.