Welcome to the website of ADRToolbox.com (“ADRTOOLBOX.COM“) located at www.ADRtoolbox.com and other sites (referred to herein as the “Site”) (we refer to the Site and the services provided through the Site, collectively, as the “ADR Features”). These Terms of Service (“Terms of Service”) set forth an agreement between you and ADRTOOLBOX.COM governing your use of the ADR Features.
By using any of the ADR Features, creating a user account or submitting information on a case, you signify your irrevocable acceptance of these Terms of Service. You may only use the ADR Features, open an account and/or submit information about a case if your acceptance of these Terms of Service is not prohibited by applicable law. No one under the age of 18 years old is allowed to open an account, submit information about a case or use any of the ADR Features.
ADRTOOLBOX.COM 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 ADR Features following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms.
ADRTOOLBOX.COM reserves the right to add, change, modify, suspend or discontinue all or any of the ADR Features, in its sole discretion, at any time. Unless expressly stated otherwise herein, the use of any new ADR Features, including the availability of new services or products through the Site, shall be subject to these Terms of Service. In addition, ADRTOOLBOX.COM may also impose limits on any of the ADR Features or restrict your access to portions of or the entire Site in its sole discretion without notice or liability. ADRTOOLBOX.COM reserves the right to refuse to provide you with access to any of the ADR Features or to refuse to allow you to create a user account for any reason.
You acknowledge and agree that ADRTOOLBOX.COM, 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, ADRTOOLBOX.COM’s trademarks and logos, the selection and arrangement of elements displayed on the Site, the compilation of all content and materials on the Site and the business processes, procedures, methods and techniques used in the ADR Features) 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”).
ADRTOOLBOX.COM grants you a limited license to access and use the ADR Features for your personal use, subject to all of the terms and conditions of these Terms of Service. You may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual element provided on the Site, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, link to, publicly display or perform, or in any way exploit any content, materials or individual element provided on the Site without ADRTOOLBOX.COM’s prior written consent, (iii) frame or utilize framing techniques to enclose any content, materials or individual element provided on the Site or create a link to the Site accessing such content, materials or element without ADRTOOLBOX.COM’s prior written consent, (iv) use any circumvention tools or any metatags or other hidden text utilizing ADRTOOLBOX.COM’s name, trademark, URL or the name of any of the ADR Features without ADRTOOLBOX.COM’s prior written consent, or (v) disassemble, decompile or reverse engineer any of the materials or underlying software made available on or through the Site or used to provide any of the ADR Features.
To use certain ADR Features, you may be directed to register with the site and create an account or otherwise provide us with certain information about yourself and your case (if applicable). By submitting your information through the Site, you grant ADRTOOLBOX.COM a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with ADRTOOLBOX.COM’s operation of the Site and/or performance of the ADR Features for you and others you may designate. As part of the registration process, you will be asked to submit your name, email address and other similar information and title, as well as to choose a user name and password. If you submit information on a case, 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 format preferences for the case. You agree that all information you provide for purposes of creating an account (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information 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, (ii) maintain the confidentiality of your password, and (iii) properly exit from your account at the end of each session.
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 us 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. ADRTOOLBOX.COM is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the ADR Features. ADRTOOLBOX.COM may immediately terminate your account, or suspend your access to your account, in its sole discretion and without notice, for conduct that ADRTOOLBOX.COM 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 ADRTOOLBOX.COM’s business. Use of an account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, ADRTOOLBOX.COM may terminate your account if you file a claim against ADRTOOLBOX.COM, or a claim which in any way involves ADRTOOLBOX.COM. Upon ADRTOOLBOX.COM’s termination of your account for any of the forgoing reasons, (a) ADRTOOLBOX.COM 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 any information submitted about a case (“Case Information”) through the use of any of the ADR Features is the sole responsibility of the person posting or transmitting such Case Information. You, and not ADRTOOLBOX.COM, are entirely responsible for all Case Information that you upload, post, email, transmit or otherwise make available on the Site or through the use of any of the ADR Features. ADRTOOLBOX.COM does not control the Case Information posted on the Site or transmitted through the use of any of the ADR Features and, as such, does not guarantee the accuracy, reliability or quality of such Case Information. Further, you acknowledge that ADRTOOLBOX.COM may or may not pre-screen Case Information that is displayed on the Site or transmitted through the use of any of the ADR Features. Under no circumstances will ADRTOOLBOX.COM 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 the use of or your loss of use of any Case Information posted, emailed, transmitted or otherwise made available on the Site or through the use of any of the ADR Features. You agree that ADRTOOLBOX.COM 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:
You acknowledge, consent and agree that ADRTOOLBOX.COM may access, preserve and disclose account information and/or Registration Information or Case Information that you provide if ADRTOOLBOX.COM 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 ADRTOOLBOX.COM, its employees, partners, agents or members of the public.
The Site may contain links to other Internet websites and resources. ADRTOOLBOX.COM may provide links and, if it does so, they are merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by ADRTOOLBOX.COM of such websites or any content contained therein. You acknowledge and agree that ADRTOOLBOX.COM is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources either via links provided by ADRTOOLBOX.COM or by any user or third party.
You understand that the processing and transmission of communications relating to the use of any of the ADR Features may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that ADRTOOLBOX.COM will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for display on the Site or for transmission through the use of any of the ADR Features.
THE SITE AND THE ADR FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ADRTOOLBOX.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, 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 CONSULT OF A LICENSED ATTORNEY.
ADRTOOLBOX.COM makes no representation or warranty that (i) the Site or the ADR Features will meet your expectations or requirements, (ii) the Site or the ADR Features 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 ADR Features will be accurate, timely, complete or reliable, (iv) any errors or defects in the Site or the ADR Features will be corrected, or (v) the Site and the ADR Features and/or the server that makes the Site and the ADR Features 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 ADR Features may be interfered with by numerous factors outside of ADRTOOLBOX.COM’s control including, but not limited to, telecommunications network disruptions. ADRTOOLBOX.COM 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 ADR Features.
You acknowledge that the entire risk arising out of the use or performance of the Site or any of the ADR Features 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 ADR FEATURES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE AND THE ADR FEATURES.
IN NO EVENT SHALL ADRTOOLBOX.COM OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE 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 PORTAL INCLUDING, BUT NOT LIMITED TO THE ADR FEATURES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF ADRTOOLBOX.COM 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 ADRTOOLBOX.COM 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 ADR FEATURES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ADRTOOLBOX.COM 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).
ADRTOOLBOX.COM 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 ADR FEATURES UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER ADRTOOLBOX.COM NOR ITS DIRECTORS, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, 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 ADR FEATURES OR INABILITY TO GAIN ACCESS TO OR USE ANY PERSONAL INFORMATION THROUGH THE ADR FEATURES.
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 ADRTOOLBOX.COM, 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 ADR Features at any time under certain circumstances including, but not limited to, if ADRTOOLBOX.COM 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 ADRTOOLBOX.COM determines to be inappropriate or unacceptable.
You agree to defend, indemnify and hold ADRTOOLBOX.COM and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees, agents, directors, officers,owners, 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 ADR Features, (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 ADR Features, (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 ADR Features.
ADRTOOLBOX.COM respects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Site is infringing your copyright, please notify ADRTOOLBOX.COM in accordance with the following procedure: All notifications of copyright infringement must be in writing and directed to ADRTOOLBOX.COM’s designated agent at the following address, fax number or email address:
Donald R. Philbin, Jr.
P.O. Box 12286
San Antonio, Texas 78212
(210) 212-7118 Fax
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 ADRTOOLBOX.COM to locate the material, (iv) information reasonably sufficient to permit ADRTOOLBOX.COM 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 ADR Features between you and ADRTOOLBOX.COM, constitute the entire agreement between you and ADRTOOLBOX.COM with respect to your access and use of the Site and the ADR Features and supersede all prior and contemporaneous agreements between you and ADRTOOLBOX.COM. 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. ADRTOOLBOX.COM’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 of the State of Texas, and applicable federal law, without regard to any conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bexar County, Texas. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the ADR Features, that you and ADRTOOLBOX.COM will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Bexar County, Texas 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 would otherwise be entitled to them.
If you have any questions about these Terms of Service or your rights or ADRTOOLBOX.COM’s obligations relating to any of the ADR Features, please contact us at:
Donald R. Philbin, Jr.
P.O. Box 12367
San Antonio, Texas 78212
(210) 212-7118 Fax
This Site is a public resource for general information. Nothing in this Site should be used by the reader as a source of legal advice. Each legal problem is different, and past performance does not guarantee future results.
This Site does not create an attorney-client relationship between you and Donald R. Philbin, Jr. or Donald R. Philbin, Jr., P.C. (collectively, PHILBIN), nor is it intended to do so. Please do not act or rely on any information in this Site. Also, please do not send PHILBIN via e-mail any information about any legal matter that may involve you unless or until you have received a written statement from PHILBIN that we represent you. This written statement is called an “engagement letter.”
To the extent necessary, the attorney responsible for the content of the home page is Donald R. Philbin, Jr. Unless otherwise indicated, lawyers listed in this web site are not certified by the Texas Board of Legal Specialization.