- Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
- This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”) by the later of April 27, 2014 or 90 days after the date you accept these Terms for the first time. Unless you opt out: (1) you will only be permitted to pursue claims against DISASTER411.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
For purposes of these Terms, the “Site” shall mean www.DISASTER411.com and any other DISASTER411.com branded websites, web pages, mobile applications and mobile websites operated by DISASTER411, LLC. (“DISASTER411.com” or “we”) in the United States, and the “Services” shall mean any of the various services that DISASTER411.com provides through the Site or any other channels, including over the telephone. However, the terms “Site” and “Services” do not include the sites or services offered by any other DISASTER411.com subsidiaries. The services and sites offered by such other subsidiaries are subject to separate terms, which can be found on their respective sites and/or service materials. In addition, these Terms do not apply to third party entities that may use the DISASTER411.com Site or Services. Such entities’ use of the DISASTER411.com Site and Services are subject to separate terms that they agreed when they registered with DISASTER411.com.
1.1 About Our Services
DISASTER411.com is an online resource primarily for individuals who wish to research disaster preparedness information, or may be in fact reacting to a disastrous event and are searching for professional assistance. DISASTER411.com offers free educational information to its users, which consists of helpful articles, tips, checklists, and a directory of industry professionals throughout the country. The Directory features various Service Categories to help its users find, coordinate, and contract with the industry professionals, of their choice, directly on their own. The Services we offer include, among others:
§ We enable individuals seeking disaster relief, insurance policy or claims assistance, and property services (such as emergency service work and property damage restoration due to fire, water, storm, or earthquake damage).
§ We provide search functionality on the Site to allow Service Seekers and individual Service Providers to narrow the pool of Service Providers they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows Service Seekers and Service Providers to communicate directly.
§ We provide tools and information to help Service Seekers and Service Providers make more informed decisions on their own.
§ We provide information and links of Governing Agencies that regulate licensed activity pertaining to contractors and insurance professionals.
§ We provide a directory of Industry Service Providers such as disaster relief agencies, insurance agents, insurance adjusters, environmental hygientists, engineers, general contractors who specialize in property restoration, and a variety of service contractors such as plumbers, roofers, electricians, etc.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our Services
We offer a variety of Services to help our users find, coordinate, and contract with the industry professionals, of their choice, directly on their own. However, we do not hire or employ any Service Providers. Service Seekers are the potential employers of Service Providers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish.
Further, we do not have control over the quality, timing, or legality of the services actually delivered by Service Providers, nor of the integrity, responsibility or actions of Service Seekers or Service Providers. We do not refer or recommend either Service Seekers or Service Providers nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Service Providers or the integrity, responsibility or actions of Service Seekers or Service Providers whether in public, private or offline interactions.
DISASTER411.com is not responsible for the conduct, whether online or offline, of any Service Seeker, Service Provider or other user of the Site or Services. Moreover, DISASTER411.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Service Seekers and Service Providers, hereby expressly agree not to hold DISASTER411.com (or DISASTER411.com’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any Service Seeker, Service Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, DISASTER411.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
1.3. User Responsibilities
Any screening of a Service Seeker or Service Provider and his, her or its information by DISASTER411.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or service provider. Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Service Seeker or Service Provider for themselves, their family, or their business.
To be eligible to use our Services, you must meet the following criteria:
§ Our Services are available only to individuals who are eighteen (18) years of age or older.
§ The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States.
§ If you are registering to be a Service Provider, you must be permitted to legally work within the United States.
§ If you are registering to be a Service Provider in any field, trade, category, or specialty which requires a license, you must be licensed and in good standing with all governing bodies.
§ If you are registering to be a Service Provider, then you must agree that DISASTER411.com reserves the right to remove a Service Provider, found not to be in good standing with a respective licensing body from any Service Offering, and the Service Provider’s Directory Profile may also be removed, suspended, or terminated from the Site without prior notice.
§ You must not be a competitor of DISASTER411.com or using our Services for reasons that are in competition with DISASTER411.com.
2.2. Representations and Warranties
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through DISASTER411.com’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:
§ You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
§ All Content you post will be in English as the Site and Services are not currently supported in any other languages.
§ You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from DISASTER411.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to DISASTER411.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
§ You understand and agree that DISASTER411.com may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of DISASTER411.com violates these Terms or which DISASTER411.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
§ You have the right, and hereby grant, to DISASTER411.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by DISASTER411.com will not infringe or violate the rights of any third party.
§ Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
§ DISASTER411.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by DISASTER411.com, are those of their respective authors. Such authors are solely responsible for such content. DISASTER411.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will DISASTER411.com or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
To the maximum extent permitted by law, DISASTER411.com disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users do hereby represent, understand and agree to hold DISASTER411.com harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.
3.2. Exclusive Use
If you are a Service Seeker, you may use the Site to find services for yourself, family, or business in which you would have the authority to represent. If you are a Service Provider, you may use your account only to find customers for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of DISASTER411.com, you agree that you will not under any circumstances:
§ use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
§ use the Site or Services for any unlawful purpose, for any purpose not expressly intended by DISASTER411.com or for the promotion of illegal activities;
§ attempt to, or harass, abuse or harm another person or group;
§ use another user’s DISASTER411.com account;
§ provide false or inaccurate information when registering with DISASTER411.com, using the Services or communicating with Advertisers;
§ attempt to re-register with DISASTER411.com if we have terminated your account for any or no reason;
§ interfere or attempt to interfere with the proper functioning of DISASTER411.com’s Services;
§ make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
§ bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
§ use the communication systems provided by or contacts made on DISASTER411.com for any commercial solicitation purposes;
§ publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Should DISASTER411.com find that you violated the terms of this Section or any terms stated herein, DISASTER411.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that DISASTER411.com may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, Service Provider or Service Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a “mirrored”, competitive, or third party site. This fee shall be in addition to any other rights DISASTER411.com may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, DISASTER411.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4.1 DISASTER411.com Does Not Provide Background Checks on Either Service Seekers or Service Providers, but Does Often Provide Links to Consumer Reporting Agencies and Governing Bodies Which Do Provide This Public Information.
DISASTER411.com offers the following self help background check services from consumer reporting agencies: The Better Business Bureau (BBB Reviews), and any Federal, State, County, City, or Township Governing Entity which would oversee professional licensing practices for the insurance and service contracting industries.
Should DISASTER411.com determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a User, or have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored”, competitive, or third party site, DISASTER411.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the DISASTER411.com Site with or without notice.
In any event, DISASTER411.com also reserves the right, in its sole discretion, to terminate your access to all or part of the DISASTER411.com Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in DISASTER411.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
Links from the Site to external sites (including external sites that are framed by DISASTER411.com) or inclusion of advertisements do not constitute an endorsement by DISASTER411.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. DISASTER411.com does not control such sites, and is not responsible for their content. Just because DISASTER411.com has hyperlinks to such sites does not mean that DISASTER411.com endorses any of the material on such sites, or has any association with their operators.
In order to utilize DISASTER411.com to potentially Contract Services with a Service Provider, the user of such Services or product offerings must hire or contract with the Service Provider direct. The user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
8.1 Billing and Payment
DISASTER411.com does not charge its users for the information provided to the user. Premium Directory Profiles and Advertising Campaigns are paid for by the Service Providers.
8.2 Refund Policy
DISASTER411.com does not charge its users for the information provided to the user. Premium Directory Profiles and Advertising Campaigns are paid for by the Service Providers, so therefore there is nothing to refund to the User. Service Seekers and Service Providers must agree to enter a contract on their own accord, and any disputes should be handled amongst themselves directly.
We are not a contractor or an employer of Service Providers. Service Seekers may seek the services of a Service Provider through the use of the Site or Services, and Service Providers may post profiles and submit proposals to Service Seekers regarding their services directly. Each entity operates independently of DISASTER411.com and is not under our control. Any issues concerning the conduct of a Service Seeker or Service Provider including, without limitation, the services received by the Service Seeker or payment due to the Service Provider, must be resolved directly by the Service Seeker and the Service Provider. DISASTER411.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold DISASTER411.com harmless for any claim or controversy that may arise from any disputes between you and any Service Seeker, Service Provider or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Service Seekers, Service Providers or other users of the Site or the Services, particularly if you decide to meet offline. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to DISASTER411.com immediately by notifying Support@DISASTER411.com of the same via electronic correspondence.
DISASTER411.com is intended for people 18 or over. Service Seekers and Service Providers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18.
11.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by DISASTER411.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISASTER411.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN DISASTER411.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DISASTER411.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, DISASTER411.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A SERVICE PROVIDER OR TO EMPLOY THE SERVICES OF A SERVICE PROVIDER.
11.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with Service Seekers or Service Providers.
11.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will DISASTER411.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if DISASTER411.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL DISASTER411.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID DISASTER411.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $50.00 OR ITS EQUIVALENT.
No Liability for non-DISASTER411.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DISASTER411.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. DISASTER411.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
It is DISASTER411.com’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting DISASTER411.com’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
DISASTER411.com’s agent for copyright issues relating to this Site is as follows:
16939 E. Palisades Blvd., Suite 103
Fountain Hills, AZ 85268
In an effort to protect the rights of copyright owners, DISASTER411.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
13.1 Agreement to Arbitrate
This Section 13 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and DISASTER411.com or a DISASTER411.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND DISASTER411.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DISASTER411.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER DISASTER411.COM USERS.
13.3 Pre-Arbitration Dispute Resolution
DISASTER411.com is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at Support@DISASTER411.com or at DISASTER411, LLC, Attn: Legal Department, 16930 E. Palisades Blvd., Suite 103, Fountain Hills, AZ 85268.
13.4 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against DISASTER411.com, you must complete a short form, submit it to the AAA, and send a copy to DISASTER411.com at DISASTER411, LLC, Attn: Legal Department, 16930 E. Palisades Blvd., Suite 103, Fountain Hills, AZ 85268. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or DISASTER411.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and DISASTER411.com subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or DISASTER411.com, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Arizona, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different DISASTER411.com users, but is bound by rulings in prior arbitrations involving the same DISASTER411.com user to the extent required by applicable law.
13.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, DISASTER411.com will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, DISASTER411.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse DISASTER411.com for all fees associated with the arbitration paid by DISASTER411.com on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
13.8 Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new DISASTER411.com users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms for the first time or April 27, 2014, whichever is later. If you are already a current DISASTER411.com user and previously accepted the DISASTER411.com Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than April 27,2014. You must mail the Opt-Out Notice to DISASTER411, LLC, Attn: Legal Department, 16930 E. Palisades Blvd., Suite 103, Fountain Hills, AZ 85268. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the DISASTER411.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
13.9 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against DISASTER411.com prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against DISASTER411.com prior to the effective date of removal.
These Terms, and any dispute between you and DISASTER411.com, shall be governed by the laws of the State of Arizona without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 13 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and DISASTER411.com must be resolved exclusively by a state or federal court located in the State of Arizona. You and DISASTER411.com agree to submit to the personal jurisdiction of the courts located within the State of Arizona for the purpose of litigating all such claims or disputes.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If you have any questions or need further information as to the Site or Services provided by DISASTER411.com, or need to notify DISASTER411, LLC as to any matters relating to the Site or Services please contact DISASTER411, LLC at:
16930 E. Palisades Blvd., Suite 103
Fountain Hills, AZ 85268 USA