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1. I understand and agree that One Day Decisions is not a court, law firm or an attorney, may not perform services performed by a court or an attorney, and is not the substitute for the advice of an attorney. Rather, I am representing myself in this matter. No attorney-client relationship or privilege is created with One Day Decisions.
2. I understand and accept that receipt, conveyance and acceptance of a credit card payment from payor to payee, and payment by a payor to a payee, via One Day Decisions completely and finally settles any and all disputes associated with the matter as described and agreed to by both parties, documented by a downloadable Certificate of Final Resolution, and terminates any possibility of further or additional litigation or pursuit of the matter, reparation, remuneration in any jurisdiction or by any institution. The settlement payment releases all parties in perpetuity from all involvement and liability related to the settled case, with each party holding the other harmless from any and all actions.
3. I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the One Day Decisions Arbitration Agreement, contained in Paragraph 11 of these Terms of Service.
4. I UNDERSTAND THAT THE ONE DAY DECISIONS REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ ANY FINAL SETTLEMENT(S) BEFORE AUTHORIZING IT AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL SETTLEMENT(S).
5. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD ONE DAY DECISIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ONE DAY DECISIONS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ONE DAY DECISIONS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.
7. Additional One Day Decisions Terms. I understand that my purchase of services is non-refundable and may be subject to additional terms and conditions. If applicable, I acknowledge that I have read and agree to any supplemental terms which are incorporated herein by reference.
8. Abandoned Orders. My purchase allows me to create my own legal settlements. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any unresolved matter unless One Day Decisions is at fault. All itemization of fees are displayed for convenience only. Both parties acknowledge that One Day Decisions is out of pocket time and money for undertaking the work and both parties fully intend to complete the process. Abandoned orders will result in liquidated damages equal to the amount paid to One Day Decisions for reimbursement of our commitment to service this order.
9. No Refunds. I understand that One Day Decisions issues no refunds at any time, for any reason.
10. Suspended Accounts. If One Day Decisions encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that One Day Decisions, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that One Day Decisions disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside One Day Decisions, including me or any authorized contact, until the investigation is complete. Additionally, I understand that One Day Decisions, in its sole discretion, may decide not to allow me to participate in any settlement processes while my account is disabled. I acknowledge that One Day Decisions will not be liable for any delays caused by these policies and procedures.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our Customer Help Center. In the unlikely event that the One Day Decisions Customer Help Center is unable to resolve your complaint to your satisfaction (or if One Day Decisions has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court located in Los Angeles, California, rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. One Day Decisions will split all costs of the arbitration.
(a) One Day Decisions and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "One Day Decisions," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and One Day Decisions are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to One Day Decisions should be addressed to:
Notice of Dispute, General Counsel
One Day Decisions, LLC
17645 Royce Drive
Encino, CA 91316 (the "Notice Address").
The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If One Day Decisions and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or One Day Decisions may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by One Day Decisions or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or One Day Decisions is entitled.
(b) After One Day Decisions receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, One Day Decisions will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to One Day Decisions. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless One Day Decisions and you agree otherwise, any arbitration hearings will take place in the county of Los Angeles, California. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in
which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which One Day Decisions was a party. Except as otherwise provided for herein, One Day Decisions will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse One Day Decisions for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(c) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of One Day Decisions’ last written settlement offer made before an arbitrator was selected, then One Day Decisions will:
pay you either the amount of the award or $2,000 ("the alternative payment"); and pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the"attorney's payment"). If One Day Decisions did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of One Day Decisions’ last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred before One Day Decisions’ settlement offer.
(d) The right to attorney's fees and expenses discussed in paragraph (c) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or
costs. Although under some laws One Day Decisions may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, One Day Decisions will not seek such an award.
(e) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND ONE DAY DECISIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and One Day Decisions agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(g) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
12. Billing, Payment and Credit Issues
Default. If my credit card is declined, I agree that One Day Decisions may make up to five attempts to bill that card over a 30 day period. If I remain in default on the second payment when the third payment is due, I authorize One Day Decisions to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that One Day Decisions may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that One Day Decisions may restrict my ability to purchase additional One Day Decisions services if I am delinquent on any payment. I understand that One Day Decisions may make efforts to collect a delinquent payment. I understand that if I believe One Day Decisions has reported inaccurate information to a consumer reporting agency, I may contact the One Day Decisions Customer Help Center and One Day Decisions will investigate the matter. I understand that One Day Decisions will not accept late or partial payments, as well as payments that reflect "paid in full" or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
Store Credit. I understand that if I have a One Day Decisions does not issue credits.
Disputed Charges. I understand that if I dispute a charge to my credit card, I should contact the One Day Decisions Customer Help Center immediately and One Day Decisions will investigate the matter.
(g) Account Information. I agree to notify One Day Decisions immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide One Day Decisions with accurate, complete, and current information results in delinquent payments, One Day Decisions may restrict my ability to purchase additional One Day Decisions services, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
13. Access to World Wide Web; Internet Delays. To use One Day Decisions services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain One Day Decisions services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that One Day Decisions is not responsible for delays, delivery failures, or other damage resulting from such problems.
14. Force Majeure. One Day Decisions shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, One Day Decisions may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
15. Right to refuse. I acknowledge that One Day Decisions reserves the right to refuse service to anyone.
16. I acknowledge that at the conclusion of the settlement, once all payments have been tendered and accepted, I will be sent a link to download a Certificate of Final Resolution (CFR). The CFR states that both parties consider the matter’s settlement final and that the matter no longer has any viability or applicability for contest or adjudication in or by any institution, organization or court of law. I agree that the CFR will serve as indisputable and irrefutable final proof that my matter has been settled by action of complete payment of the settlement amount agreed upon by both parties and sent to me by One Day Decisions by check via U.S. Postal Service.
17. By proceeding with my purchase, I agree to these Terms of Service.
(1) License; Responsibilities.
(1) a limited, non-exclusive, nontransferable, royalty free, revocable license to download and use ODD content designated as Press materials from the One Day Decisions web site, which content may include downloadable photos and logos, drawings, trademarks, and rendered images (the “ODD Licensed Property”), solely for Licensed Uses, as described in greater detail below.
(3) One Day Decisions reserves the right in its sole discretion to terminate or modify your permission to display the ODD Licensed Property and to take action against any use that does not conform to these terms and conditions, infringes any One Day Decisions intellectual property or other right, or violates applicable law.
(b) General Responsibilities.
(2) You agree that you will not, and will not assist any third party to, register or attempt to register any portion of the ODD Licensed Property or any colorable variation thereof as a trademark, service mark, copyright, trade dress, patent, or otherwise in your own name, and that you will cooperate fully as requested by One Day Decisions in connection with any registration of any portion of the ODD Licensed Property by One Day Decisions.
(c) Specific Limitations.
(1) The ODD Licensed Property may be used by Authorized Users for editorial purposes only, in close proximity to or in obvious connection with published articles, newspapers, news magazines, web pages, documentations, trade publications, and broadcast media articles or stories specifically about One Day Decisions or its products or services (the “Licensed Uses”).
(2) The ODD Licensed Property may not be copied, distributed, or used apart from the Licensed Uses or the applicable product or service. For example, you may not redistribute a logo in hard copy or electronic form or make it available online for others to copy. It may only be used in the manner set forth herein.
(3) The ODD Licensed Property may not be used to suggest that One Day Decisions owns, endorses, or sponsors products and services other than the products and services of One Day Decisions.
(4) The ODD Licensed Property must be used exactly as provided by One Day Decisions, with no changes. All logos and photographs must be displayed in their entirety. Changes that distort, remove, modify, or animate the logos themselves or any of their design elements or incorporated text, including but not limited to the trade dress, the color, the proportion, the artwork, or the trademark symbols are strictly prohibited.
(5) Minimum clearance must be maintained between the logo and the other elements. Clear space around the logo should be equal to one half the height of the logo, including any text incorporated into the logo. More detailed guidelines are available here:
One Day Decisions Logo Style Guide
(6) Use of the ODD Licensed Property must be consistent with the public image of One Day Decisions and community standards regarding obscenity or indecency. Use of the ODD Licensed Property in anything other than a professional manner is strictly prohibited.
(7) Product or service vendors are not permitted to use One Day Decisions logos. Logos that appear in the Press Center are intended for press agencies and journalists only.
(1) In Text. Media and the press may use the One Day Decisions word mark in text without prior approval from One Day Decisions, provided that the uses are truthful, fair, and not misleading. However, you may not use any One Day Decisions logos unless specifically authorized by One Day Decisions to do so.
(2) Limitations on Trademark Use. Your use of the trademarks of One Day Decisions is subject to the following additional limitations:
(i) One Day Decisions®, OneDayDecisions.com®, the “scales of justice” logo®, all images and text, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of One Day Decisions, LLC. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
(ii) PLEASE USE OUR TRADEMARKS PROPERLY. Use correct trademark form: proper spelling and capitalization, no abbreviations.
(iii) Use the registered-trademark, trademark symbol, or service mark symbol (@ or ™ or SM) at the upper-right corner immediately following the One Day Decisions trademark. If symbols are unavailable or inaccessible, use parentheses: (TM), (SM), and (R).
(iv) Use the trademark symbol for the most prominent mention of the mark, such as in an article’s title, heading, or first mention of the mark. Subsequent acknowledgements within the document are not necessary.
(v) If possible, include the following notice somewhere in your text, such as in a footnote or small print at the bottom of the page: “One Day Decisions and all other One Day Decisions product or service names are registered trademarks or trademarks of One Day Decisions, LLC. in the USA and other countries. ® indicates USA registration.” on materials.
(vi) Use the correct generic name or descriptor immediately after first mention of the trademark in text.
RIGHT: We can settle this matter at OneDayDecisions.com.
WRONG: We can OneDayDecision this matter.
(vii) Do not use One Day Decisions trademarks in the possessive form.
RIGHT: The executives of One Day Decisions® have vast libraries of knowledge.
WRONG: One Day Decisions’ executives have vast libraries of knowledge.
(viii) Do not make trademarks plural.
(f) Use of Quotations. All quotations taken from ODD Press Materials must be reproduced verbatim, not paraphrased or summarized. Quotations from interviews with One Day Decisions representatives should be identified with the representative’s name, title, and company name.
(g) Goodwill of the ODD Licensed Property.
(1) You recognize the great value of the goodwill associated with the ODD Licensed Property, and acknowledge that the ODD Licensed Property and all rights therein, and goodwill pertaining thereto, belong exclusively to One Day Decisions. You agree that you will not attack the title or any rights of One Day Decisions in and to the ODD Licensed Property or attack the validity of the license granted hereunder. You understand that this license can be revoked by One Day Decisions at any time. If One Day Decisions does revoke this license, you must destroy or delete all copies of the ODD Licensed Property in your possession.
(3) You further agree at all times to use the ODD Licensed Property only in connection with legitimate editorial purposes. You agree to provide One Day Decisions, on the request of One Day Decisions, with copies of the editorial pieces with which the ODD Licensed Property is used to ensure that you are complying with the quality standards required herein.
(4) You agree to take all commercially reasonable efforts to prevent third parties from misappropriating or obtaining unauthorized access, use or transmission of the ODD Licensed Property (collectively, the “Unauthorized Uses”). In the event that you learn of an Unauthorized Use, you shall promptly and fully inform One Day Decisions of all facts known to you with respect to such Unauthorized Use. One Day Decisions may, at its own expense, institute any legal action or proceeding to obtain any relief permitted in law, equity or both, against any persons or entities causing, directly or indirectly, such Unauthorized Use, and if any such action or proceeding is instituted, you shall reasonably cooperate with One Day Decisions in connection therewith.
(h) No Additional Rights. Nothing in this Agreement shall be construed to confer any additional rights on you by implication, estoppel, or otherwise as to the intellectual property rights of One Day Decisions other than as specifically enumerated herein, regardless of whether such additional rights shall be dominant or subordinate to any intellectual property rights.
You agree to defend, indemnify and save harmless One Day Decisions, its officers, agents, and employees from and against any and all liability, claims, demands, fines, fees, expenses, penalties, suits, proceedings, actions, and costs of action, including attorneys’ fees for trial and on appeal, of any kind and nature arising out of or in any way connected with your use of the ODD Licensed Property.
(3) Limitation of Liability.
When describing ODD, do not communicate, imply or otherwise convey any notion or concept that associates One Day Decisions with "mediation," "arbitration," "adjudication" or any other term which denotes any kind of legal or judicial organization, institution or process.
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