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PrivacyBot Mediation Rules
The following rules apply to any person filing a Complaint through the PrivacyBot Complaint Form (the "User") and to any web site that receives such a complaint while registered with the PrivacyBot Trustmark Registry (the "Web Site"):
The User and the Web Site will each make a good faith attempt to use the PrivacyBot Mediation Service to resolve their dispute amicably. Mediation is voluntary and nonbinding. Any resolution must be agreed to by both parties. PrivacyBot does not take sides and does not decide the outcome of these proceedings. Please direct all communications to the other party (access "Account Manager" and "Manage Privacy Complaints that Involve Me" to send a message to the other party).
Mediation is initiated when the User submits a properly completed Complaint Form to PrivacyBot and pays the applicable filing fee. (imposing a nominal filing fee helps screen out minors and multiple or frivolous complaints). The Mediation Period commences when PrivacyBot transmits the Notice of Mediation and the Complaint to the Web Site's representative by email. The Complaint should contain factual statements and should not contain emotional "flaming" or statements that are defamatory, abusive or profane.
Mediation is limited to matters stated in the Complaint. The parties may reasonably enlarge upon their respective positions during mediation, but should resist raising new issues or grievances not within the Scope of Mediation.
The parties agree to mediate in good faith for a period of forty-five (45) days from transmittal of the Notice of Mediation and Complaint to the Web Site (the "Mediation Period"). The Mediation Period is fixed and will not be extended. The Mediation Period will terminate if either party files a Motion to Dismiss (access the Account Manager and "Manage Complaints that Involve Me" for that purpose).
By the fifth (5th) day of the Mediation Period, the Web Site will acknowledge to the User that it has received the Complaint. By the twentieth (20th) day, the Web Site will make a good faith effort to discuss the issues within the Scope of Mediation with the User. The parties may communicate by email or other mutually acceptable means.
Dismissing (Terminating) the Complaint.
Mediation is voluntary. Either party can terminate the proceeding at any time during the Mediation Period.
The User may voluntarily dismiss or terminate its Complaint during the Mediation Period (e.g., because the matter is resolved). The User agrees to dismiss the Complaint if it files litigation or a formal governmental complaint against the Web Site. Dismissal is "without prejudice." This means the User may refile the Complaint later at PrivacyBot (the normal filing fee would apply).
The Web Site may dismiss or terminate the Complaint at any time during the Mediation Period. The refusal to mediate may be noted in the Web Site's Registry Statement in summary form (e.g., "Refusals to Mediate Privacy Complaints: X").
During the Mediation Period, PrivacyBot may email the parties one or more Requests for a Status Check. If the matter has been resolved, the User will promptly access the Account Manager, select "Manage Complaints that Involve Me" and Dismiss the Complaint. The Web Site can terminate mediation at any time by doing the same. If the Web Site dismisses the Complaint, the Registry Statement will note a "refusal to mediate," so it is better to resolve the matter and have the User dismiss it.
Note: the Mediation Period will not be extended. This means all Motions to Dismiss must be filed before expiration of the Mediation Period to avoid having an "unresolved" dispute noted on the Public Registry. Such unresolved disputes are retained on the Registry Statement even if the dispute is later resolved after the Mediation Period. This provides an important time incentive to resolve disputes in mediation.
Making of Public Records
When a Complaint is filed, the Registry Statement for the Web Site will show that a privacy Complaint is pending against the Site. No details of the dispute are shown.
If the User terminates the Complaint before expiration of the Mediation Period (e.g., because the Complaint was resolved or was withdrawn by the User), the record of a pending Complaint is deleted. This restores the Registry Statement to its original state.
If the Web Site terminates the Complaint during the Mediation Period, then PrivacyBot will note the refusal to mediate in the public Registry Statement for the Web Site (e.g., "Refusal to Mediate Privacy Disputes: X"). No details of the dispute are shown.
If neither party terminates the Complaint before the end of the Mediation Period, PrivacyBot will note the unresolved dispute in the public Registry Statement for the Web Site (e.g., "Unresolved Privacy Disputes: X"). No details of the dispute are shown.
To dismiss or terminate a Complaint, a party needs to access the "Account Manager" during the Mediation Period (then click "Manage Complaints that Involve Me," find the Complaint and "Dismiss This Complaint"). No other method is recognized by the PrivacyBot Mediation System.
Purging of Certain Public Records
If PrivacyBot believes a User has abused the Mediation Service, PrivacyBot may modify or expunge the public Registry Statement of frivolous or unwarranted Complaints. This is an exceptional procedure and will not be used merely because the Complaint is contested by the Web Site (use the "Dismiss this Complaint" feature, instead). PrivacyBot may administer the Registry in its sole discretion as an independent agency.
General Record Retention Policy
PrivacyBot may retain all Complaints, filings, public Registry records and other mediation-related communications (including purged Complaints) for a period of three (3) years following initiation of a Complaint, or such longer time as PrivacyBot may reasonably determine. PrivacyBot may upon request make these records available to the Federal Trade Commission (FTC) as provided by law, or may disclose such records to comply with legal process (e.g., a warrant, subpoena or court order) or law enforcement investigations.
Status as Private Settlement Discussions.
To facilitate settlement discussions, both parties agree that all communications between them during the Mediation Period within the Scope of Mediation are "For Settlement Purposes Only" under Federal Rule of Evidence 408 (and state law counterparts) not admissable into evidence in any proceeding brought by one party against the other. The parties will use due diligence to safeguard and will not disclose such communications except to their attorneys and confidential advisers, or to comply with a subpoena, warrant or court order.
Right to Rely on Instructions.
PrivacyBot may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets PrivacyBot's automated criteria or which is believed by PrivacyBot personnel to be genuine. PrivacyBot may assume a person entering an email address and associated user password is the purported user or is authorized to act on its behalf. PrivacyBot may assume the latest email addresses on file with PrivacyBot are accurate and current (use the Account Manager feature to update email addresses and passwords). When programmed to do so, PrivacyBot may take prescribed actions in the absence of receiving contrary instructions in the form capable of being processed.
PRIVACYBOT DOES NOT WARRANT THIS MEDIATION SERVICE. ALL INFORMATION, COMMUNICATIONS, FEATURES AND SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
PrivacyBot is Not Your Cyberlawyer.
PRIVACYBOT DOES NOT DISPENSE PROFESSIONAL SKILL OR JUDGMENT, IS NOT A "CYBERLAWYER" OR "CYBERJUDGE" PROVIDING LEGAL ADVICE OR JUDICIAL SERVICES, AND DOES NOT REPLACE YOUR ATTORNEY. PRIVACYBOT MEDIATION SERVICES DO NOT ESTABLISH AN ATTORNEY-CLIENT, FIDUCIARY OR OTHER PROFESSIONAL RELATIONSHIP.
PRIVACYBOT DISCLAIMS LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT OR ATTORNEY FEES) AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
THE USER AND THE WEB SITE WILL DEFEND, INDEMNIFY AND HOLD PRIVACYBOT HARMLESS FROM ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF OR RELATING TO PRIVACYBOT MEDIATION, THE PRIVACYBOT REGISTRY OR OTHER SERVICES OR FEATURES.
THE DISCLAIMERS, LIMITATIONS, INDEMNITIES AND PROTECTIONS CONTAINED IN THESE RULES PROTECT PRIVACYBOT, INVISIBLE HAND SOFTWARE, ITS OFFICERS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, PUBLISHERS AND PROMOTERS.
You agree that if PrivacyBot breaches the Mediation Rules or otherwise violates your rights, your sole and exclusive remedy will be to terminate your relationship with PrivacyBot and the Mediation Service. This applies regardless of whether the remedy fails of its essential purpose.
PrivacyBot Operates Solely in Fairfax, Virginia.
PrivacyBot operates solely in Fairfax County, Virginia (USA). You agree that you are using the Internet as your own agent to access and use our site from the local Internet point of presence (POP) here in Fairfax, Virginia and you are using the Internet as your agent to take delivery of any Documents, information or services in Fairfax County, Virginia. This means all operations, services, deliveries, performance and contacts of PrivacyBot's business occur solely in Fairfax County, Virginia.
Virginia law governs any dispute brought against PrivacyBot. Since we make no warranties and assume no liabilities, you should have little reason to have a grievance with PrivacyBot. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained within one year after the claim arises solely and exclusively in a court located in Fairfax County, Virginia, or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel.
PrivacyBot reserves the right to change prices, services or these Mediation Rules at any time by posting a new version. This document and your "clickwrap" acceptance entered in electronic form, or a hardcopy duplicate in good form, shall be considered an original document with authenticated signature entered into and performed in Fairfax County, Virginia and admissible into evidence unless the document's authenticity is genuinely placed in question. This document sets forth the entire and exclusive statement of the Mediation Rules, subject to our Terms of Service. Any provision found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and it, with all other provisions, shall be given full force and effect. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions.
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