Get free 90 days trial to resolving your disputes with our online dispute resolution
Get free 90 days trial to resolving your disputes with our online dispute resolution
a. Users: User shall mean any individual, natural person or a legal entity which uses, browses, registers or visits the ODRI Platform.
b. ODRI Registered Mediator or Mediator: For the purposes of this Agreement, a Mediator or ODRI Registered Mediator shall be that individual who has successful completed the Mediator Registration Application Form, provided all the necessary documents, certificates, profile and has been successful enrolled/listed on the ODRI Platform.
c. ODRI Platform: ODRI Platform shall include but is not limited to;
i. Website: www.odri.us
ii. Applications: https://app.odri.us
d. ODRI Platform Content: The ODRI Platform Content shall include, but is not limited to, the following: text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the ODRI Platform, including any such content uploaded by Users.
3. WHAT IS ODRI?
ODRI is an international, multi-party, online dispute resolution platform that focuses on helping parties negotiate a mutual agreement virtually and more quickly.
ODRI also provides an opportunity for Mediators to reach a wider audience/clients and manage their mediation matters.
For Mediators, ODRI provides several useful features, including, but not limited to, the following;
a. Case Management: ODRI provides built-in case management features for mediators to securely and efficiently manage cases, all in one place. No need to maintain spreadsheets and separate notes. With our case management features you can access all of your past and ongoing matters in a seamless manner,
b. Invoicing: ODRI's built-in invoicing features allow mediators to invoice clients directly from the platform. Hours spent on mediation sessions and related tasks can automatically be transferred to an invoice and sent to the parties via the platform,
c. Dashboards: Mediator specific dashboards allow mediators to have a 360 degree view of all their cases in one single screen. Mediators can search and view their past and ongoing cases, view their alerts and notifications, and search by different statuses and parties,
d. Time Tracking: Our built-in time tracking tool allows mediators to track time spent on a matter and transfer that time to an invoice at the click of a button,
e. Built-in Video Conference and Chat: The ODRI platform provides a secure, integrated video conferencing and chat functionality for mediators to engage with their clients in a safe and convenient manner. No need to install, pay, or maintain separate video conferencing platforms/tools - e.g. Zoom, Teams, WebEx, etc,
f. Electronic Signatures: The ODRI platform allows mediators and parties to sign agreements electronically,
g. Upcoming Appointments and To-Do Lists: ODRI's built-in appointment reminders allow mediators to see all of their upcoming appointments in one place. Mediators are also able to create and manage their to-do list to keep them focused on outstanding tasks,
h. Calendaring: Our calendar features allow mediators to create and maintain appointments on their ODRI calendar. No need to maintain separate calendars for mediation and personal matters,
i. Agreement Drafting: Our agreement drafting features allow parties and mediators to draft and sign agreements. Agreement versions are maintained and changes can be viewed by all parties to ensure the most up-to-date agreement is being worked on etc.
4. WHO IS PERMITTED TO USE OR REGISTER ON ODRI?
To use, access or register on the ODRI Platform, the Mediator must be at least 18 years of age and be eligible and legally permitted to enter into contract as per the applicable laws of this Agreement. The Mediator must also meet all the qualification, certification and experience requirements as required under this Agreement.
5. WHAT ARE SERVICES OFFERED BY ODRI?
ODRI has developed and made available the ODRI Platform to Mediators. On the ODRI Platform the Mediator can be requested by the Users to assist them in settlement of a dispute or a commercial contract directly with the counter party.
Important: Users are informed that the Mediators listed on ODRI Platform are not ODRI’s employees, agents or representatives.
6. DOES ODRI PROVIDE LEGAL OR PROFESSIONAL ADVICE?
NO. ODRI does not provide any legal or professional advice to Users or Mediators. The information provided on the ODRI Platform or shared directly with the Users or Mediators does not create any professional-client, ethical or legal relationship between ODRI and Users or Mediators unless provided under this Agreement or under the Applicable Laws.
7. CAN A MEDIATOR PROVIDE LEGAL OR PROFESSIONAL ADVICE TO USERS?
NO. A Mediator is strongly advised to not provide any advice on matters related to legal, commercial, accounting, etc.
A Mediator is required to follow the code of ethics, mediation rules of ODRI Mediator’s Code of Ethics whichever applicable.
IMPORTANT NOTE: Mediators listed on the ODRI Platform are free to follow any Code of Ethics if those Code of Ethics provides higher standards than ODRI Mediator’s Code of Ethics.
8. WHAT ARE THE THINGS THAT YOU CANNOT USE THE ODRI PLATFORM FOR?
You cannot use ODRI Platform for following purposes:
a. To provide any professional advise as stated above,
b. In any way which causes, or may cause, damage to the ODRI Platform or interferes with any other person's use or enjoyment of the ODRI Platform,
c. In any way which is harmful, unlawful, illegal, abusive, harassing, threatening, discriminatory, or otherwise objectionable or in breach of any applicable law, regulation, governmental order, etc.
d. Making, transmitting or storing electronic copies of content available on the ODRI Platform protected by copyright without the permission of the owner of that content.
e. Any communication and/or documents shared in mediation by the Mediator or the Users related to mediation cannot be used in a court, arbitration or any other proceedings, or shared with any other parties or entities whether related or not to mediation.
9. ADDITIONAL TERMS GOVERNING YOUR RELATIONSHIP WITH ODRI
a. Intellectual Property Rights: The ODRI Platform Content provided on the ODRI Platform belong to ODRI, its affiliates or other relevant third parties. The ODRI Platform Content shall be protected by all international and national intellectual property laws as applicable from time to time. By continuing to use the ODRI Platform you acknowledge that such ODRI Platform Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the ODRI Platform shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the ODRI Platform without the ODRI’s prior written permission.
b. Confidentiality Obligations: ODRI respects Mediator’s privacy and therefore it has implemented necessary measures to ensure that;
i. All documents shared and discussions on the ODRI Platform are never shared with third parties who are not related to the specific mediation without your informed consent unless required by law,
ii. ODRI will ensure to protect any information shared by you with any employee or representative of ODRI in confidence is never disclosed to non privileged individuals.
However, in order to improve the services that ODRI offers, to upgrade the ODRI Platform, to fulfil any mandatory legal obligation(s), etc., by submitting your information through the ODRI Platform, you grant ODRI a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with ODRI’s operation of the ODRI Platform and/or performance of the Services for you and others you may designate.
ODRI does not wish to receive any confidential or proprietary information from you via the ODRI Platform, whether by email or in any other manner. You agree that any confidential information you provide outside of negotiation or mediation proceedings, including without limitation any concepts, ideas, plans, techniques or any other information or content that you provide, may be used by ODRI in any manner without restriction.
You shall not allow any other party to use your account and/or password. You agree to immediately notify ODRI of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. ODRI is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password. However, if you have a reason to believe that your account has been compromised or an account has been created in your name without your permission then please reach out to us at firstname.lastname@example.org and we will be happy to assist you in resolving such issues.
e. Warranty Disclaimers: The ODRI Platform and the services are provided on an “as is” and “as available” basis without any warranty or condition, express or implied. To the full extent permitted by applicable law, ODRI specifically disclaims all warranties including, without limitation, implied warranties of title, performance, merchantability, fitness for a particular purpose and non-infringement. Further, the information on the site shall in no event be considered or relied upon as legal advice or as a substitute for seeking the advice and counsel of a licensed attorney. ODRI makes no representation or warranty that the ODRI Platforms will be available, uninterrupted, timely, secure, accurate, complete or error-free. You acknowledge that the entire risk arising out of the use or performance of the ODRI Platforms or any of the services remains with you to the maximum extent permitted by the applicable law. You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the site or any of the online services is to terminate your account and discontinue use of the ODRI Platform and the services.
f. Indemnity: You agree to defend, indemnify and hold ODRI and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees/associates, Mediators, agents, directors, officers and members, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) Your use or misuse of the ODRI Platform or any of the services, (ii) Your breach or alleged breach of this Agreement, (iii) Your violation of any law, rule, regulation or rights of others in connection with your use of the ODRI Platform or any of the services, (iv) Your use or disclosure of another person’s personal, financial or credit information or (v) the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the information that you post on the ODRI Platform or transmit through the use of any of the services.
g. Limitation to Liability: In no event shall ODRI or any of its directors, officers, members, employees/associates, neutrals, agents, consultants, parents, affiliates, successors, assigns or service/content providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, the inability to use, or reliance on the ODRI Platform or services, or the content, materials and functions related thereto, including, without limitation, loss of revenue, anticipated profits, business, programs or information, even if ODRI or such person or entity has been advised of the possibility of such damages and regardless of the form of action. In no event shall ODRI be liable for or in connection with any information posted, transmitted, exchanged or received by or on behalf of any visitor or other person on or through the online services or the ODRI Platform. In no event shall the total liability of ODRI to you or any third party for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed one hundred dollars ($100).
h. No Waiver: No term of this Agreement shall be deemed to be waived, unless such waiver or consent shall be in writing and signed by ODRI.
i. Termination: You agree that ODRI, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the ODRI Platform or any of the services at any time under certain circumstances including, but not limited to, if ODRI believes in good faith that you have violated or acted inconsistently with this Agreement or any applicable law, rule or regulation or that you have engaged in conduct that ODRI determines to be inappropriate or unacceptable.
j. Notices: All notices, requests, demands and other communications to ODRI under this Agreement shall be in writing and shall be deemed to have been duly given if e-mailed to ODRI at email@example.com, on the third (3rd) business day after the date on which it received by ODRI. A Notice given by email is not deemed received unless (if receipt is disputed) the sender giving Notice produces a printed copy of the email which evidences that the email was sent to the email address as provided under this Agreement.
k. Amendment: ODRI has absolute direction to amend any part of this Agreement without your consent. However, the amended version of this Agreement will only apply prospectively and will become effective 7 days from notification of amendment. User will be notified of amended version of the Agreement via a notification on ODRI Platform or through their registered email address with ODRI. Users continuous use of the ODRI Platform after the expiry of 7 days from notification of amendment shall constitute an acceptance of the revised terms of this Agreement.
l. Severability: If any term or the part of the term of the Agreement is held by a court or arbitral tribunal to be unenforceable under applicable law, then such term or the part of that term shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such term or part of that term (as applicable) were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded term as determined by such court or arbitral tribunal.
m. Applicable Laws: The validity, interpretation, and performance of this Agreement and of the warranties shall be governed in all respects by the laws of the State of Delaware, United States of America without giving effect to conflicts of law principles that would result in the application of the substantive laws of another jurisdiction.
n. Mandatory Dispute Resolution Clause:
i. Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be the State of Delaware, United States of America. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
ii. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
iii. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the Governing Law term with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
iv. In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
10. GRIEVANCE REDRESSAL: ODRI takes feedbacks and grievances of its Users and ODRI Listed Mediators seriously. If you have any complaints and/or grievances as a result of the conduct of other ODRI platform users and/or an ODRI representative, please use the following email address - firstname.lastname@example.org to submit your complaint. Once you submit your complaint, we will do our best to address your complaint as soon as possible. We may need to contact you and the individual in question to gather more information about the complaint.