Terms of Use

AGREEMENT BETWEEN USER AND ODRCHAMBERS

ODR Chambers Inc. ("ODRChambers") operates various web pages. By using ODRChambers you accept, without modification, the terms, conditions, and notices contained herein. Your use of ODRChambers constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

ODRChambers reserves the right to change the terms, conditions, and notices under which the ODRChambers website is offered, including (but not limited) to the charges associated with the use of the ODRChambers website. If you have entered offers for a case with ODRChambers, the charges and fees will not change for that case.

LINKS TO THIRD-PARTY SITES

The ODRChambers website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ODRChambers, and ODRChambers is not responsible for the contents of any Linked Site—including, without limitation, any link contained therein, or any changes or updates to a Linked Site. ODRChambers is not responsible for webcasting, or any other form of transmission received from any Linked Site. ODRChambers is providing these links to you as a convenience only, and the inclusion of any link does not imply ODRChambers’ endorsement of the site, or any association with its operators. ODRChambers is not responsible for any loss or damage you may suffer due to linking to and using Linked Sites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of ODRChambers, you agree that you will not use ODRChambers for any purpose not established by ODRChambers herein, including any illegal purpose or purpose that may be prohibited by the terms and conditions. You may not use or do anything to the ODRChambers website that could damage, disable, overburden, or impair ODRChambers in any manner, or interfere with any other party's use and enjoyment of ODRChambers. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through ODRChambers, and shall indemnify and save ODRChambers harmless from any losses, damages, or costs ODRChambers may suffer as a result of your actions.

USE OF COMMUNICATION SERVICES

ODRChambers contains a function that allows you to upload materials and share documents with the other party (or parties) to the dispute resolution process (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service and you agree that when using a Communication Service, you will not:

Defame or threaten others;
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information;
Upload or download files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Advertise, or offer to sell or buy, any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct, or other guidelines which may be applicable, for any particular Communication Service;
Harvest, or otherwise collect, information about others, including e-mail addresses, without their consent; or
Violate any applicable laws or regulations.

You shall indemnify and save ODRChambers harmless from any losses, damages, or costs ODRChambers may suffer as a result of your actions in committing any of the foregoing, or other misuse of the website.

ODRChambers reserves the right to:

review materials posted to a Communication Service, and to remove any materials that violate these terms of usage, in its sole discretion;
terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever, without the return of any fees charged; and
at all times, disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials which are contrary to the usage terms set out here, in whole or in part, in its sole discretion.

ODRChambers does not control or endorse the content, messages, or information found in any Communication Service, and you enter and use all such information at your own risk. ODRChambers specifically disclaims any liability respecting the Communication Services and any actions resulting from your participation in any Communication Service. Information posted/uploaded by users of this website are not first viewed by, nor does such information necessarily reflect, the views of ODRChambers.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

ODRChambers does not claim ownership of the materials you provide to ODRChambers (including feedback and suggestions), or post, upload, input, or submit to ODRChambers or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting ODRChambers permission to use your Submission in connection with the operation of its internet businesses—including, without limitation, the rights to copy, distribute, transmit, display, reproduce, edit, translate, and reformat your Submission to other parties who are part of the settlement process.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own, or otherwise control, all of the rights to your Submission as described in this section—including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions, and you authorize ODRChambers to transmit all such information to any party who is part of the negotiation process, subject to ODRChambers's right to edit or delete materials in accordance with the provisions of this policy.

AGREEMENT NOT TO LAUNCH LEGAL ACTION AGAINST ODR CHAMBERS

I agree to the following, on behalf of myself and anyone I represent in a legal or other capacity:

I will not at any time, before, during, or after the settlement process, commence any legal proceeding against ODRChambers, or any representative or employee of ODRChambers stemming from my participation in the ODRChambers process, unless I have evidence of gross negligence on the part of ODRChambers.
I will not at any time, before, during, or after the ODRChambers process, call anyone associated with ODRChambers as a witness in any legal or administrative proceedings concerning this dispute. To the extent that I may have a right to call anyone associated with ODRChambers as a witness, that right is hereby waived.
I will not subpoena or seek any Court Order, or use any other legal process, in an attempt to demand the production of any software, screen shots, data records, notes, work product, or the like, of ODRChambers in any legal or administrative proceedings concerning this dispute, which items are not saved or retained. To the extent that I may have the right to demand these documents, that right is hereby waived.
If, at any later time, I decide to commence an action against ODRChambers or one of its representatives or employees, or subpoena anyone at ODRChambers, the person subpoenad may move to quash the subpoena. I agree to reimburse the person subpoenad for whatever expenses he or she incurs in such an action, including lawyers fees, plus the hourly rate of the person subpoenad for time that is taken by this matter.
If I call anyone at ODRChambers as a witness, issue a subpoena against that person, or seek production from ODRChambers, I waive my right to rely upon and enforce the confidentiality provisions of this process, and hereby release ODRChambers from any obligations it may have had with respect to confidentiality of anything relating to this dispute.
If any of the foregoing provisions is found to be unenforceable, I agree to pay the then-applicable hourly rate of the person at ODRChambers for the time that the person spends dealing with a subpoena or request for documents, data, or screen shots.
Notwithstanding the above, this acknowledgement may be used by ODRChambers in any relevant proceeding.
I acknowledge that any party may withdraw from the settlement process at any time.

PAYMENT

There is no fee for use of ODRChambers if you do not settle your dispute. In the event that you do settle by using ODRChambers, you agree to pay ODRChambers its then-applicable fee.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH, THE ODRCHAMBERS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THESE TERMS OF USAGE. ODRCHAMBERS INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ODRCHAMBERS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE ODRCHAMBERS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE FUNCTION OF THE ODRCHAMBERS SITE IS TO ATTEMPT TO HELP PARTIES RESOLVE DISPUTES, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE END, ANY DECISION TO ACCEPT OR NOT ACCEPT ANY OFFER MADE IS ULTIMATELY YOUR DECISION, AND ODRCHAMBERS SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENCES OF ACCEPTING OR REJECTING A GIVEN PROPOSAL. ODRCHAMBERS DOES NOT PROVIDE ANY WARANTIES REGARDING INFORMATION UPLOADED BY ANOTHER PARTY TO THE NEGOTIATION, AND YOU RELY ON SAME AT YOUR OWN RISK. IN THE EVENT THAT YOU ARE UNSURE WHETHER TO ACCEPT A PROPOSAL, THE CONSEQUENCES OF ACCEPTING OR NOT ACCEPTING A PROPOSAL, OR THE LEGAL IMPLICATIONS OF YOUR ACTIONS, YOU SHOULD CONSULT A LAWYER. BY USING THE SITE, YOU ARE UNDER NO COMPULSION TO ACCEPT ANY OFFER; HOWEVER, YOU (AND NOT ODRCHAMBERS) ARE RESPONSIBLE FOR ALL CONSEQUENCES OF DOING SO.

ODRCHAMBERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ODRCHAMBERS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND. ODRCHAMBERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS RESPECTING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ODRCHAMBERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER—INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OR PERFORMANCE OF THE ODRCHAMBERS WEBSITE, DELAY OR INABILITY TO USE THE ODRCHAMBERS, INC. WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ODRCHAMBERS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ODRCHAMBERS WEBSITE—WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ODRCHAMBERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ODRCHAMBERS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ODRCHAMBERS WEBSITE.

SERVICE CONTACT: support@odrchambers.com

TERMINATION/ACCESS RESTRICTION

ODRChambers reserves the right, in its sole discretion, to terminate your access to the ODRChambers website, and the related services or any portion thereof, at any time, without notice.

GENERAL

This agreement is governed by the laws of the Province of Ontario, Canada, and you hereby consent to the exclusive jurisdiction and venue of courts of the Province of Ontario in all disputes arising out of or relating to the use of the ODRChambers website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ODRChambers as a result of this agreement or use of the ODRChambers website. ODRChambers' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ODRChambers' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the ODRChambers website, or information provided to or gathered by ODRChambers with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law—including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be severed from the agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ODRChambers with respect to the ODRChambers website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and ODRChambers with respect thereto. A printed version of this agreement, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon, or relating to, this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express request to the parties that this agreement and all related documents be drawn up in English. (Les partis aux presentes confirmant leur volonté que cet acte de même que tous les documents s'y attachant, y compris tout avis soient redigés en anglais.)

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement under Canadian copyright law should be sent to ODR Chambers Inc, 180 Duncan Mill Road, Toronto, Ontario, Canada, M3B 1Z6.