Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of Esq. Mediation’s (“Esq. Mediation,” “we,” “us,” “our”) website at EsqMediation.com (our “Site”),  and/or your use of any of our services (collectively, the “Service”).

This is a binding agreement. “You” or “your” or similar terms refer to you as a user of our Service. If you use the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms, and in such event and unless otherwise noted, “you” and “your” will refer and apply to that party. If you do not agree to all of these Terms, you are not authorized to use the Service and you must promptly cease using it.

THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICE 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.

1. Your Access to the Service

    Internet Access. When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.

    No Guarantee. Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. Permitted Use and Restrictions

    License Grant. Subject to the terms and conditions of these Terms, Esq. Mediation hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.

    Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Esq. Mediation in its sole discretion.

    Eligibility. You may only use the Service if you are an individual 18 years of age or older or a duly organized, validly existing business, organization, or other legal entity in good standing under any and all applicable laws, and able to enter into legally binding contracts. Individuals under the age of 18 are not permitted to use the Service.

    Investigations. We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 15 (Termination) below.

    Violation of these Terms. You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Esq. Mediation has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms or for the consequences of any such breach.

3. Submitted Content

    Esq. Mediation is not the source of, does not verify or endorse, and takes no responsibility for any information submitted about a case or any material submitted or made available through the Service via any function that allows a user to upload, post, or share content (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated. Esq. Mediation does not control Submitted Content and, as such, does not guarantee the accuracy, reliability, or quality of such Submitted Content. You may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that (i) is protected by copyright, contains trade secrets, or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, have permission from the rightful owner, or are otherwise entitled by law to upload or post the content; (ii) is false or is a misrepresentation; (iii) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (iv) impersonates another person. Esq. Mediation may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its users, or otherwise enforce these Terms. Further, Esq. Mediation may in its sole discretion remove such content and terminate your account if you submit any content that is in breach of these Terms.

    However, Esq. Mediation acknowledges that when you use the Site as a party, or to represent a party, to an alternative dispute resolution matter, you may believe that you need to make a submission of Submitted Content that might violate one or more of the restrictions set forth above. Esq. Mediation recommends that if you find yourself in such a situation, discuss the situation with the neutral handling your alternative dispute resolution matter prior to making such submission, and follow the neutral’s guidance.

    By providing Submitted Content, subject to any confidentiality agreement with Esq. Mediation (if applicable), you grant Esq. Mediation a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, transmit, and display the Submitted Content in connection with Esq. Mediation’s operation of the Service for you and others you may designate.

    You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Esq. Mediation has no responsibility to you or any third party for any Submitted Content that you create, submit, post, or publish on or through the Service; (iii) Esq. Mediation is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (y) Esq. Mediation has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and (z) Esq. Mediation may not be able to remove Submitted Content that is downloaded onto a user’s Device. Esq. Mediation does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

    You agree that Esq. Mediation may, in its sole discretion, refuse to post, store, or transmit any Submitted Content that is available via the Service and may move, remove, edit, or modify any such Submitted Content for any reason at any time.

    You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Esq. Mediation be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

4. Third-Party Sites and Services

    The Service may contain links to or allow you to share content directly with other third-party websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

    These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

5. Notice for California Residents Pursuant to California Civil Code Section 1789.3

    Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

6. Indemnity

    You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, neutrals, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any of these Terms; or (iii) your violation of any law, rule, or regulation or of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

7. Warranty Disclaimer

    WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.

    No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

    Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

8. Attorney Advertising

    The information on the is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

9. Limitation of Liability

    IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF Esq. Mediation, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service and our products, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.

    In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.

    THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ESQ. MEDIATION’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON ESQ. MEDIATION’s GOVERNING LAW PROVISION SET FORTH BELOW.

    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

10. Termination

    We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Service, or (ii) we are prevented from providing the Service for any reason.

    Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

    On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. Sections 3, 8, and 11–18 will survive any termination or expiration of these Terms.

11. Governing Law

    These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction).

12. Dispute Resolution

    Mediation. You and Esq. Mediation agree that all Disputes (each a “Claim”) shall be subject first to non-binding mediation before a mutually agreeable mediator within Orange County, California. You agree that to the fullest extent permitted by law, a failure to participate in such mediation shall disqualify any such non-participating party from any possible right to recover attorneys’ fees and costs in any later action which was subject to such mediation requirement.

    Limitations. You and Esq. Mediation agree that any action shall be limited to the Claim between Esq. Mediation and you individually. You and Esq. Mediation agree that (i) there is no right or authority for any dispute to be brought on a class-action basis or to utilize class action procedures; (ii) there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (iii) no action shall be joined with any other action.

    Severability. You and Esq. Mediation agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.

13. Additional Important Terms

    Assignment. The rights granted to you under these Terms may not be assigned without Esq. Mediation’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

    Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

    Attorneys’ Fees. In the event any litigation is brought by either party in connection with these Terms, except as otherwise provided in Section 17(a), the parties shall bear their own attorney’s fees and legal costs.

    No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Esq. Mediation of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

    Equitable Remedies. You acknowledge and agree that Esq. Mediation would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

    Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Esq. Mediation with respect to the Service and supersedes any and all prior agreements between you and Esq. Mediation relating to the Service.

    Transfer. We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligation sunder these Terms.

14. Changes to These Terms

    We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.