Peacemaker Terms of Use

Thank you for using Peacemaker! By using this software, you consent to the terms set forth below and in our Privacy Policy, which together constitute a binding agreement between you and Peacemaker Mediation Community, LLC (“Peacemaker”).

Security

We use appropriate security measures to protect your information from accidental or unauthorized access, use, or disclosure. Peacemaker is protected with Transport Layer Security, a cryptographic protocol, and we also protect data through restricted access, appropriate monitoring, intrusion detection, and virus protection software. Despite these measures, we cannot promise absolute protection from hackers.

Use of the Software

The software is proprietary and entrusted to you for use in mediations during your free trial, if any, and the period of your paid subscription. You agree not to disclose information about the software or copy the software except as necessary to participate in authorized mediations. You also agree not to reverse engineer, translate, decompile, disassemble, modify, or create derivative works of the Software. These prohibitions survive expiration of this Agreement.

Intellectual Property

You have no right, title, or interest in any Peacemaker software, derivative works, data, trademarks, or logos.You may notify us of any claim for intellectual property infringement by email to notice@peacemaker.legal or by mail to:

Peacemaker Mediation Community, LLC

Attention: Craig E.Bertschi

1872 Independence Square, Suite D

Dunwoody, Georgia 30338

Subscriptions

We will bill you on a monthly basis beginning on the date you register unless there is a free trial period, in which case we will bill you when the trial period ends. We reserve the right to change the monthly subscription fee and charge the adjusted amount after providing thirty days advance notice by email. You may cancel your subscription at any time, but we will not refund any prorated amount for the month in which you cancel.

LIMITION OF LIABILITY AND DISCLAIMER OF WARRANTIES

THE LIABILITY OF PEACEMAKER FOR CLAIMS ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE SHALL NOT EXCEED ONE DOLLAR. IN NO EVENT SHALL PEACEMAKER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PEACEMAKER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Dispute Resolution

If you have a dispute with us, you agree to provide written notice of the nature of the dispute and the relief you seek by email to notice@peacemaker.legal or by mail to:

Peacemaker Mediation Community, LLC

Attention: Craig E.Bertschi

1872 Independence Square, Suite D

Dunwoody, Georgia 30338

If we cannot resolve the dispute within ninety days, you or Peacemaker may proceed with binding arbitration as provided below. You must satisfy this ninety-day notice provision as a condition precedent to (1) proceeding with binding arbitration; or, (2) filing suit in court in the event you contend the arbitration provision is unenforceable.

Mandatory Arbitration

You and Peacemaker agree to resolve any claims of any nature through final and binding individual arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this mandatory arbitration section. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.

You can decline this agreement to arbitrate by emailing notice of your opt-out to notice@peacemaker.legal within 30 days of first registering your account.

The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. Rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in Atlanta, Georgia, or any other location within the United States we agree to.

The AAA rules will govern payment of all arbitration fees. The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims. Peacemaker will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Severability.

If any part of this mandatory arbitration section is found to be illegal or unenforceable, the remainder will remain in effect. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you agree that litigation of any such claim or request for relief shall be stayed pending resolution of any individual claim(s) or request(s) for relief in arbitration.

Judicial Forum for Disputes.

In the event the arbitration provisions above are declared invalid, you agree that any judicial proceeding to resolve claims will be brought in the federal or state courts of Dekalb County, Georgia. Both you and Peacemaker consent to venue and personal jurisdiction in such courts.

Controlling Law

These terms will be governed by Georgia law except for its conflicts of laws principles.

Entire Agreement

These terms, together with the Privacy Policy, constitute the entire agreement between you and Peacemaker with respect to the subject matter of these terms, and supersede and replace any other prior or contemporaneous agreements.

Waiver, Severability & Assignment

Peacemaker’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these terms, and any such attempt will be void. Peacemaker may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services.

Modifications

We reserve the right to modify the terms of use. We will notify you by email of such modifications thirty days prior to the effective date. If you don’t agree to the updates we make, please cancel your account and stop using the software before the updated Terms become effective.