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Mandatory Agreement to Access the Complaints Magazine & News Website
AGREEMENT
By agreeing to the terms and conditions of this Agreement with Disclaimer you shall be granted a limited
license to access the Complaints Magazine and News website.
Any who wish to publish their newsworthy article may do so under the status as a Registered Freelance
Reporter. By submitting for publishing a newsworthy article on the form provided by Complaints Magazine
and News, the Registered Freelance Reporter agrees to the following terms and conditions.
Definitions for terms and phrases used within this agreement and throughout the website:
Registered Freelance Reporter -- The phrase Registered Freelance Reporter [RFR] is defined as that
entity/person [natural or artificial] who has acted independently of Complaints Magazine and News
[CM&N] and has contracted with CM&N to published his/her written article within CM&N’s website as
newsworthy for the general public’s review.
Newsworthy – The term Newsworthy is defined by the RFR. At that moment the RFR contracts with
CM&N to publish its written article, the RFR has determined that his written article is worthy of the general
public’s review.
Patron – A customer intending to transact with CM&N, or those who advertise or give opinions within the
CM&N’s, website.
Limited License – The phrase Limited License is a grant of permission by CM&N for any and all persons
natural or artificial to enter the CM&N website.
Limited Licensee – A Limited Licensee is define as one who views the CM&N website or interacts with
the website through searches, or becoming a Registered Freelance Reporter, an Advertiser, and/or any
person that by any means has entered the website for any purpose.
Complaints Magazine & News as a Publisher -- CM&N, shall publish any newsworthy article by a RFR
for the prescribe fee, subject to the terms and conditions herein.
Gender – Where the possessive pronoun his is incorporated, it shall include the possessive pronoun her.
Singular/Plural – Where the singular is incorporated, it shall be deemed to include the plural.
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In the event of a dispute between Complaints Magazine & News and any person with a Limited License or
not, or with a status as a Limited Licensee is subject to following terms and conditions of this agreement.
Mediation
In the event a dispute shall arise between any party(ies) that enter the Complaints Magazine and News
website and Complaints Magazine and News, its owner, staff, affiliates, the parties agree to participate in at
least four hours of mediation in accordance with the mediation procedures of United States Arbitration &
Mediation. The parties agree to share equally in the costs of the mediation, save a parties personal costs for
transcripts, records, court reporter, and etc. The mediation shall be administered by:
United States Arbitration and Mediation [USA&M]
1000 SW Broadway , Suite 1710
Portland, OR 97205
(503) 223-2671
(503) 223-0402 fax
In the event a USA&M is opened in the State of California, the parties to the dispute agree to have the
dispute heard within the State of California. Mediation involves each side of a dispute sitting down with an
impartial person, the mediator, to attempt to reach a voluntary settlement. Mediation involves no formal
court procedures or rules of evidence.
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Arbitration
In the event the dispute is not settled during mediation, and in order to provide finality to the dispute the
parties agree to this arbitration provision. The parties shall submit to arbitration under the following
stipulations:
1. Arbitration. The parties agree to submit any disputes not settled during mediation to final and binding
arbitration under the Commercial Arbitration Rules and Mediation Procedures under Rules of the
American Arbitration Association (hereafter the “association.").
2. Expenses. There shall be a division of expenses incurred in arbitration, save for personal requests for
records, court reporter and transcripts of proceedings, and etc.
3. Arbitrator Selection and Qualifications. Should the dispute be $20,000.00 or less, there shall be one
arbitrator qualified with a minimum of ten years in the field of law, which concerns itself with the subjectmatter
of the dispute.
There shall be three arbitrator should the dispute be greater than $20,000.00 and less than $50,000.00.
The American Arbitration Association shall appoint one neutral arbitrator, and each party shall provide an
advocate. Lacking an advocate, a party may have the association select a neutral arbitrator.
There shall be a minimum of five arbitrators if the dispute is over $50,000.00, and each party shall be
entitled to one advocate, who shall move as one of the five arbitrators. Should a party fail to provide an
advocate, a neutral arbitrator chosen by the association shall act in place of the advocate. The association
shall appoint two neutral arbitrators and one qualified arbitrator, whose field of law is concerned with the
subject-matter in dispute, and qualified by ten years in that field of law.
The number of arbitrators may vary, not to exceed ten arbitrators, by increasing the number of arbitrators
upon the amount in dispute if so elected by either party to the arbitration. The increase in numbers of
arbitrators shall be dependent upon increments of $100,000.00 above the $50,000.00. Hence, $150,000.00
may require six arbitrators, or both parties may agree to the original five arbitrators. For example: If
$550,000.00 is in dispute, as many as ten arbitrators may be required, however, as few as five arbitrators
are mandatory. The number of arbitrators to a dispute is controlled by either party to the dispute.
Concerning those arbitrators in excess of the original five, a list of arbitrators shall be sent to both parties by
the association, and both parties agree to meet and confer until all arbitrators mutually acceptable are
agreed upon.
4. Discovery. After the arbitrators are selected, the parties counsel shall confer jointly with the arbitrator
at the earliest convenient date to determine the discovery that shall take place. Each party shall have the
right to take no more than two (2) depositions of potential witnesses, and each shall have the right to serve
no more than two (2) sets of interrogatories, none of which shall include more than thirty (30)
Interrogatories. Additional discovery shall be in the discretion of the arbitrator. All discovery shall be
completed within three (3) months after the selection of the arbitrator, unless this period of time is
extended by the arbitrator for good cause.
5. Scheduling. Unless extended by the arbitrator(s) for good cause shown, arbitration hearings shall begin
no later than four (4) months after the selection of the arbitrator(s). five (6) days shall be allotted to the
arbitration hearings, and the arbitrator(s) shall determine how much of the hearing time shall be allocated
to the direct and cross examination of witnesses. The arbitrator shall allocate time equally amongst the
parties.
6. Privacy. This confidentiality provision prohibits disclosure of any record of the dispute, no matter in what
form, any documents produced, and any outcome of the arbitrator(s). Breach of this provision shall be
deemed valued at a damage of $75,000.00 in United States currency.
8. Rules of Evidence. The Federal Rules of Evidence apply in arbitration.
9. Briefs. Each party shall prepare an opening letter brief, no more than 3 pages long, double-space with
12 pt font, setting forth the parties position at the outset of arbitration. Dependent upon the amount in
controversy, the arbitrator(s) shall select the page limitations and the days for the parties to submit a brief
after the close of the arbitration hearings.
10. Decision format. The arbitrator(s) shall give a full written decision to both parties.
11. Compensatory damages. The arbitrator(s) shall have the authority to award compensatory
damages.
12. Choice of Law. The arbitrator's judgment on the law of the jurisdiction shall be final and binding.
There shall be no judicial review.
13. Provisional Remedies. Provisional remedies, for attachment, garnishment, or preliminary injunctive
relief, may be sought against the losing party after the decision of the arbitrators.
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WARNING
Disclaimer
Legal Information Is Not Legal Advice
This website contains legal information provided to the Register Freelance Reporter, patron, viewer, not
excluding any who have connected to the site, no matter the process of entering the website of Complaints
Magazine and News. The information provided by Complaints Magazine and News is just that, mere
information, and is not intended as legal advice. If you seek legal advice for any of your legal needs,
Complaint Magazine and News suggest you seek out and consult a professional, competent, and licensed
attorney for your issue.
Before Using Lawyer Directory Services...
Nolo's website offers you several ways to identify and locate an attorney (or other legal services) including
advertisements for lawyers, a searchable directory of lawyers and law firms, and third-party legal referral
systems (we'll collectively refer to them as the "Lawyer Services"). If you are using the Nolo Lawyer
Services you should read the following terms and conditions below. If you disagree with these terms and
services, please do not use the Lawyer Services.
• Nolo will never refer you to a specific attorney or service. You are solely responsible for
making a selection of an attorney or other service.
• Nolo does not receive any portion of any legal fees charged by any lawyer or law firm.
Any fee arrangements and legal services are strictly between you and the attorney you
select.
• Your contact with, or use of an attorney contacted via a Lawyer Services does not create
an attorney-client relationship between Nolo and you.
• The release and security of any sensitive or confidential information transmitted by you
to any attorney or service is your sole responsibility.
• Lawyer Services and the individual attorneys represented by them, provide information to
Nolo which Nolo does not verify, validate or confirm, except as expressly stated by Nolo.
• Nolo does not endorse any particular attorney or legal service and cannot guarantee the
quality, or reliability of any legal services provided by any of these Lawyer Services.
• Nolo cannot perform a check for conflicts of interest between you and an attorney
provided by a Lawyer Service.
• When using Lawyer Services, you may be required to provide some personal information
to Nolo such as name, address, email address, or telephone number. If provided to Nolo,
Nolo shall only use this information for the specific purpose for which it was requested --
that is to assist in the location of an attorney or legal service. Nolo has no control and
makes no representations as to the use of personal information provided to third-party
Lawyer Services advertising on Nolo's website. For information on these privacy
practices, contact the Lawyer Service for their terms of use and privacy policies.
• If you use Nolo's Lawyer Services, you agree that: IN NO EVENT SHALL NOLO BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
• THE LAWYER SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS AND NOLO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE LAWYER SERVICES.
• Nolo may amend these terms at any time by posting the amended terms and conditions on
its website. The rights and obligations of the parties under this agreement shall be
governed by the laws of the State of California. The Superior Court of Alameda County
or the United States District Court for the Northern District of California will have
exclusive jurisdiction and venue over all controversies.
Authentication of newsworthy article
Complaints Magazine and News merely reports your newsworthy article, and as you the Registered
Freelance Reporter have presented the same on the Complaints Magazine and News’ Freelance Reporter’s
Newsworthy Form. Your news article is entered within this website as a newsworthy article for informational
purposes and as and in the nature of a current event for the general public’s review. Complaints Magazine
and News does not authenticate your newsworthy article nor does it warrant the truthfulness, of the
same. Before you expose yourself to suit by haphazardly reporting your article, it is highly suggested that
you seek legal counsel [licensed attorney] to review your news article before you present it for publishing for
the general public’s viewing. WARNING: You are solely responsible for the content, veracity and accuracy
of your newsworthy article. Complaints Magazine and News will not be liable for slanderous, vindictive,
fraudulent, or any and all statements that are in direct violation of law and the rights and obligations of
persons within the jurisdictions of the United States, the several states of the united States, or within any
foreign jurisdiction. The liability rests solely upon the Registered Freelance Reporter reporting the article.
Right to Prohibit Newsworthy Article
Complaints Magazine and News reserves the right to prohibit any newsworthy article that appears
slanderous, or may appear to violate the laws of rights and obligations of a citizen(s) within any jurisdiction,
domestic or foreign. Moreover, Complaints Magazine and News is not liable for the contents, accuracy, or
veracity of any newsworthy article published within its website. The liability falls directly and solely upon
the Registered Freelance Reporter. Further, CM&N retains the right to prohibit any person from access to
its website under its sole discretion.
Remedy for Violation of the Laws of Rights and Obligations
Should a newsworthy article be published that violates the laws of the rights and duties of a person, natural
or artificial, Complaints Magazine and News shall remove the article, and publish a retraction within the
Retraction area of its website upon proof of the violation.
Affidavit in Support of Newsworthy Article
Complaints Magazine and News provides an Affidavit form by which the Registered Freelance Reporter, if
desiring, may authenticate his/her/their newsworthy article by affidavit under a notary public seal. Under
this condition, the entire article in detail will be published for the benefits of the general publics viewing.
The Affidavit is subject to all the terms and conditions within this agreement.
Right to Amend this Agreement
Complaints Magazine and News may amend these terms and conditions at any time by posting the amended
terms and conditions on its website. The rights and obligations of the parties under this agreement shall be
governed by the laws of the State of California.
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Waiver or Release of Liability Indemnification/Hold Harmless Clause
Every limited license, permit, authorization or grant which is issued or given by Complaints Magazine &
News, its officers, agents, employees, or affiliates shall be contingent upon and shall be subject to the
following condition:
The limited licensee, permittee, authorizee or grantee agrees, guarantees and promises to save, indemnify
and keep harmless Complaints Magazine & News, and all its officers, agents, employees or affiliates against
all liabilities, judgments, costs and expenses which may in any manner, or form accrue against Complaints
Magazine & News or against any of its officers, agents, employees or affiliates in consequence of the
issuance or granting of such license, permit, authorization or grant, or in consequence of the use of such
limited license, permit, authorization or grant in the publishing of a newsworthy article(s), which may violate
any of the personal rights and/or obligations of a person, either natural or artificial, or in any otherwise by
virtue thereof, and will in all things strictly comply with the conditions of the limited license, permit,
authorization or grant, and with all codes, all ordinances, rules and regulations of any jurisdiction under
which the limited licensee, permittee, authorizee or grantee are subject.
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