By using the services (“Service(s)”) provided by Rule 408, LLC, a Utah company (“Rule408” or “Website”), you agree to be bound by the following terms and conditions (“Terms of Service”). Rule408 reserves the right to update and change these Terms of Service before, during and/or after the administration of Services.
What Rule 408 Does.
Rule408 facilitates negotiations between the party that opened the negotiation and the party invited to negotiate. Website fields each parties’ offers to settle and maintains the offers in strict confidence. In fact, not even the humans that make Rule 408 work can see your offers. The only time an amount within and up to your settlement authority is disclosed to the parties and to Website is when the parties’ offers match or overlap. If the parties’ offers match, Website discloses the amount as the settlement result. If the parties’ offers overlap, Website averages the two offers (splits the difference) and discloses the averaged amount as the settlement result. Negotiations are open for a finite period, disclosed to the parties, and Website may provide the parties the opportunity to extend time for negotiation. No other information regarding the parties’ actions are provided to the opposing party, except for the following information which may appear on the matter timeline, by email notification, or both:
One party opens a matter and invites the other to negotiate,
One party invites the other party to agree to extend a negotiation,
One party uses the “Nudge” function to encourage the other party to take action.
Rule408 will not disclose any other information to any party or non-party except as explicitly stated by the Terms of Service and/or as required by law.
Rule408’s Fee Waiver Program.
Rule408 provides a fee waiver program for those who qualify. This service is confidential, and may be applied for before, during, or after a negotiation or a fee accrues. Rule408 retains complete discretion in its determination of when to grant a partial or total fee waiver. Rule408 will respectfully consider Court requests for fee waivers as well. A party may learn how to apply here.
Using Rule408 Results in a Contract with Rule408.
Website offers the services described above. The parties accept the offer by using the services offered. The prospect of collecting a fee is the consideration paid to Website. This is strictly a contract for Services explicitly stated in these Terms of Service, and does not result in any property right. Time is of the essence in all matters.
Website provides only services explicitly-stated, and no others, such as negotiations of substantive settlement and/or release terms, and/or collections. Website owes no duty, ethical, fiduciary, and/or otherwise, to any party, except contract duties that are explicitly stated. Website may terminate a negotiation at any time, for any reason, and all parties waive all claims arising from termination of the negotiation against Website, at law or equity, and/or are estopped from pursuing such claims against Website.
What You Represent and Warrant.
By using the services offered on this website, you represent and warrant that you have the authority to make the offers submitted to this website. If the dispute being negotiated arose or is more likely than not to arise in Federal Court, the parties agree that all information arising from the use of Rule408 is governed by Rule 408 of the Federal Rules of Evidence to the fullest extent possible, and by the broadest interpretation possible. If the dispute being negotiated arose or is more likely than not to arise in a state court, the parties agree that all information arising from the use of Rule408 is governed by that state’s analog to Rule 408 of the Federal Rules of Evidence to the fullest extent possible, and by the broadest interpretation possible.
Who Relies on Your Reps and Warranties.
The opposing party may rely on your representations and warranties, and Webiste also relies on them to protect itself from claims by other parties.
Your use of Service is at your sole risk. Website is provided on an “as is” and “as available” basis. Technical support is only provided via email. Website does not warrant that (i) Services will meet your specific requirements, (ii) the service will be uninterrupted, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (iv) any errors in the Service will be corrected.
Security.
You are responsible for maintaining the security of your account and password. Website is not liable for security breaches that may be the result of inadequate protection of login credentials, use of weak login credential formulation, or are actually the result of stolen login credentials. Your login may only be used by one person, only you or your attorney-in-fact. A single login shared by multiple people is not permitted. You are responsible for all content posted and activity that occurs under your account, including, but not limited to, content posted by others using your account. All users must be a natural person. Accounts registered by “bots” or other automated users are not permitted.
Use of APIs and Third Party Vendors.
Parties may access Service data via the Application Program Interface (“API”). Any use of an API, including use of the API through a third-party product that accesses Website, is deemed to incorporate, and agrees to be bound by, the Terms of Service, with any conflicts resolved in favor of the same. You expressly understand and agree Website shall not be liable for any damages or losses resulting from your use of the API and/or third-party products that access data via the API. Abuse or excessively frequent requests to Website via the API may result in the temporary or permanent suspension of your account’s access to the API. Website, in its sole discretion, will determine abuse or excessive usage of the API, although Website may make a reasonable attempt via email to warn the account owner prior to suspension.
You acknowledge Website uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Service. You understand the technical processing and transmission of Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Modification, Suspension, Cancellation, and/or Termination.
Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. Website shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Website reserves the right to suspend or terminate your account if your usage significantly exceeds the average usage of other Service customers. Website, in its sole discretion, retains the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. Website reserves the right to refuse service to anyone for any reason, or no reason at all, at any time. Use of Service does not result in any property right.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is insufficient to cancel your account. Effective cancelation is done by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a cancellation link. All of your Account content will be inaccessible from the Service immediately upon cancellation. Website may delete all content permanently at any time thereafter. Such content may not be recovered once it is permanently deleted. Content stored by parties are not the property of those parties, and parties should take steps to back-up, duplicate, or otherwise retain any information they may want to preserve.
Verbal, physical, written or other abuse, including threats of abuse or retribution, of any Service customer, Website employee or officer will result in immediate account termination, and reported to the appropriate authorities and/or professional association.
Payment, Refunds, Upgrading and Downgrading Terms.
Website may offer promotional discounts and/or free trials (“Promotion”) at its discretion. Services do not survive the termination of any Promotion for any legal, ethical, or equitable reason, except payment pursuant to the terms explicitly stated. If you fail to pay pursuant to explicit terms, your account may be suspended and inaccessible until payment is made. There will be no prorating for changes in Terms of Service. Downgrading your Service may cause the loss of features or capacity of your account. Website does not accept any liability for such loss.
Jurisdiction and Venue.
You agree all disputes arising against Website are governed by Utah law, and that all claims against Website will be brought in a court within the State of Utah.
Damages.
You expressly understand and agree Website shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, regardless of whether Website has notice of such damages, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Enforceability and Severance.
Website’s failure to exercise or enforce any right or clause of the Terms of Service shall not constitute a waiver of such right or clause. The Terms of Service constitutes the entire agreement between you and Website and govern your use of Service, superseding any prior agreements between you and Website, including, but not limited to, any prior versions of the Terms of Service.
Copyright and Content Ownership.
Website does not pre-screen content, but reserves the right, in its sole discretion, to refuse or remove any content. The look and feel of Rule408 is copyright© Rule 408, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from Rule408.
You may not modify, adapt or hack Service. You may not modify another website so as to misrepresent, suggest, and/or insinuate that it is associated with Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of Service, or access to Service without the express written permission of Website. Website may, but has no obligation to, remove content and accounts it determines, in its sole discretion, are unlawful, violates any party’s intellectual property, and/or these Terms of Service.
Questions about the Terms of Service should be sent to support@rule408.com.