TERMS OF SERVICE
Last Updated: November 11, 2021
LIMITED LICENSE; DISCLAIMER; INFORMED CONSENT AND ASSUMPTION OF RISK; RELEASE OF LIABILITY; ARBITRATION AND CLASS ACTION NOTICE
BY ACCESSING OR USING ANY OF OUR SERVICES, THE MIRACLE COURT™ WEBSITE, OR THE MIRACLE COURT™ APP, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF SERVICE BELOW. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE ANY OF OUR SERVICES, THE MIRACLE COURT™ WEBSITE, OR THE MIRACLE COURT™ APP.
Welcome to Miracle Court™! Bette Press LLC and its transferees, successors and assigns (“Bette Press LLC,” “we” and “our”), provides our website located at www.miraclecourt.com (the “Site”) and our virtual courthouse self-improvement services accessible via our Site and our mobile device application (the “Miracle Court™ App”). The Site, our services, and the Miracle Court™ App are collectively called the “Services.” Please read these Terms of Service; Limited License; Disclaimer; Informed Consent and Assumption of Risk; Release of Liability; Arbitration and Class Action Notice (the “Terms”) carefully because they govern your use of our Services.
Agreement to Terms and Modified Terms
By using our Services, you, your administrators, personal representatives, executors, heirs, transferees, successors, assigns, and any individuals or partners who may use the Services with you (collectively, “you” and “your”) agree to be bound by these Terms. You may not use any of our Services unless you agree to be bound by these Terms.
Bette Press LLC may modify the Terms at any time, in our sole discretion. We will post modified Terms on the Site, in the Miracle Court™ App, or through other communications. Please review all posted modified Terms. If you continue to use the Services after we have posted modified Terms, you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you must stop using the Services. We reserve the right to change, discontinue, modify, or terminate all or any part of the Services, at any time and without notice, at our sole discretion.
Arbitration and Class Action Notice
Unless you opt out of arbitration within 30 days of the date you first agree to these Terms by following the opt-out procedure specified in the “Arbitration and Dispute Resolution” section below, and except for certain types of disputes described in the “Arbitration and Dispute Resolution“ section below, you agree that disputes between you and Bette Press LLC, its owners, members, directors, officers, employees, contractors, principals, licensors and affiliates will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Eligibility to Use Services
You may use the Services only if you are 18 years of age or older and are not barred from using the Services under applicable law. To make a purchase of or via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
If you wish to schedule a case for trial using a Trial Facilitator provided by us, you must create an account (“Account”). You agree to provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up to date. If you do not do so, we may suspend or terminate your Account. You agree that you will not disclose your Account password to anyone, and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether you know about them.
Miracle Court™ App Limited License; Terms for App Store Apps
Bette Press LLC grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Miracle Court™ App on a mobile device or computer that you own or control to run such copy of the Miracle Court™ App solely for your own personal, non-commercial purposes. Bette Press LLC reserves all rights in and to the Miracle Court™ App not expressly granted to you under these Terms. You may not copy the Miracle Court™ App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Miracle Court™ App; (ii) distribute, transfer, sublicense, lease, lend or rent the Miracle Court™ App to any third party; (iii) reverse engineer, decompile or disassemble the Miracle Court™ App; or (iv) make the functionality of the Miracle Court™ App available to multiple users through any means.
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the Miracle Court™ App from an App Provider, then you acknowledge and agree that:
These Terms are concluded between you and Bette Press LLC, and not with App Provider, and that, as between Bette Press LLC and the App Provider, Bette Press LLC, is solely responsible for the Miracle Court™ App.
App Provider has no obligation to furnish any maintenance and support services with respect to the Miracle Court™ App.
In the event of any failure of the Miracle Court™ App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Miracle Court™ App to conform to any warranty will be the sole responsibility of Bette Press LLC.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Miracle Court™ App or your possession and use of the Miracle Court™ App, including, but not limited to: (i) product liability claims; (ii) any claim that the Miracle Court™ App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Miracle Court™ App or your possession and use of the Miracle Court™ App infringes that third party’s intellectual property rights, Bette Press LLC will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Miracle Court™ App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Miracle Court™ App against you as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the Miracle Court™ App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Miracle Court™ App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Miracle Court™ App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Compliance With Laws
You agree to use the Services in compliance with all applicable laws and regulations, including local laws of the country or region in which you reside. If you are a consumer you may have rights in your state or country of residence which would prohibit these limitations from applying to you, and where prohibited they will not apply to you. The Services are provided for general informational, self-improvement, and spiritual purposes only and should not be relied or acted upon as, and do not constitute, legal, psychological, medical, financial, or any other form of professional advice or service. You agree that no lawyer-client, patient-doctor, client-therapist, or other consumer-professional relationship is created by your use of the Services. You agree that the Services do not constitute the practice of law, medicine, psychology or any other professional service or licensed activity. You alone remain responsible for your use of the Services and any action or inaction you take arising out of or related to your use of the Services. You acknowledge and agree that the Services are being distributed and made available to you exclusively and solely by Bette Press LLC and no other person or entity.
Informed Content, Purpose, and Assumption of Risks of Using the Services
The Services include a mock trial role play during which you are invited through a series of prompts to imagine what it might be like to prosecute one or more persons or organizations who have hurt or harmed you. During the trial, you will be asked to testify as the victim about the circumstances and details of the wrong(s) or mistreatment in question; to imagine becoming and testifying as the perpetrator(s) in defending against the charges; to imagine becoming and acting as the Judge determining guilt or innocence and the sentence; and to imagine becoming and acting as the Warden carrying out the sentence. You will also be asked to imagine becoming and being the judge of your own life. You understand and agree that the purpose of the Services is solely for your own self-improvement and spiritual wellness. Filing a case in Miracle Court™ does not preserve any legal rights you may have, initiate proceedings in any legally recognized tribunal or court of law, or toll the running of any statutes of limitation. Miracle Court™ judgments do not carry the force of law and are not enforceable against other parties, courts, or governmental authorities. The Services are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your physical or mental health, or to be a substitute for medical, psychological, legal, or other professional care or services. For information about physical or psychological conditions or treatment, you should consult an independent licensed physician or psychologist. For information about understanding, preserving, or exercising your legal rights, you should consult an independent licensed attorney.
The Services may not be suitable for everyone. You understand and agree that you are solely responsible for your use of the Services. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. There is a risk that while using the Services you may experience discomfort or distress or negative memories or emotions. You represent and agree that you accept and assume these and all other risks of using the Services; that nobody other than you can know or evaluate these risks for you; and that the Bette Press LLC Parties (as defined below) have no way of knowing or evaluating these risks for you or your suitability for use of the Services and have not undertaken and will not undertake such an evaluation. You represent and agree that you will not use the Services unless you are certain that doing so will not in any way harm you emotionally, mentally, or physically, and that you will not in any way harm yourself, the perpetrator(s) or any other person, entity, or property in any way.
If you access or use the Services, then intending to be legally bound you represent and agree that you shall not engage in any conduct, whether by act or omission, that could in any way result in harm to yourself, the perpetrator(s), or any other person, entity or property arising from or related in any way to your use of the Services. If you experience significant discomfort, distress, or negative emotions or believe you may be at risk of harming yourself or others, you agree to immediately stop using the Services and contact a trained medical or mental health professional, call your local or national mental health crisis hotline, or contact emergency police or medical services by dialing 911 in the US or the appropriate emergency number in your location. The National Crisis & Suicide Prevention Hotline in the US is 1-800-273-8255 (https://suicidepreventionlifeline.org). You represent and agree that any harm or damage that you may cause at any time or by any means to yourself, the perpetrator(s), or any other person, entity or property is solely the result of your own independent decisions, actions, inactions, choices, experiences, memories, circumstances, relationships, social factors, location, history, genetics, and physiology and not related to, caused by, contributed to, or arising in any way out of your access to or use of the Services.
Privacy and Confidentiality; Consent; Conflict of Interest
You acknowledge and agree that by accessing and using the Services, you are consenting to the Services and the submission of your case or dispute for resolution in accordance with these Terms and the Miracle Court ™ process as offered, administered, and modified by us in our sole discretion.
If you choose to access and use Services options that involve your disclosure of information of any kind to us, our contractors or others (as in Miracle Court trials with live Trial Facilitators provided by us), you do so voluntarily and hereby consent to all such disclosures of information that you make and to our making and maintaining a record of such disclosures. You acknowledge and agree that information of any kind you disclose to us prior to, during, after, arising out of, or related to any Miracle Court™ trial is not protected by legal privileges against disclosure such as the attorney-client privilege or the doctor/therapist-patient privilege. For your protection, you are advised not to disclose confidential information to us. You acknowledge that Bette Press LLC, its affiliates, employees, members, and contractors cannot guarantee or ensure the privacy or confidentiality of any information you disclose, and do not undertake, and hereby expressly disclaim, any duty or obligation to protect or maintain the privacy or confidentiality of your Miracle Court™ trial or any information you disclose prior to, during, after, arising out of, or related to any Miracle Court™ trial except as expressly set forth herein. You acknowledge and agree that in making the Services available we are not undertaking and do not have any duty to you of confidentiality, privacy, loyalty, or the avoidance of conflicts of interest. You agree that Miracle Court™ trials with Trial Facilitators provided by us may be attended, observed, recorded, or monitored by one or more Bette Press LLC employees or contractors for purposes of service quality, evaluation, and improvement.
Release; Covenant Not To Sue; Indemnification
In exchange for your access to and use of the Services, you hereby irrevocably and forever release and covenant not to sue, file, maintain, authorize, assign, support, participate in, cooperate with, approve, or assert any cause of action, suit, claim, counterclaim, cross-claim, demand, or lawsuit against the Bette Press LLC Parties (as defined below) or the creators, providers, distributors, and administrators of the Services under any legal, equitable, contract, tort, statutory, regulatory, contribution, or other theory, for any legal or other form of liability whether at law, equity or otherwise, including without limitation for liability for negligence and breach of contract, and excepting only liability based strictly upon proof of gross negligence or willful misconduct, whether for compensatory, punitive, or special damages or otherwise, in any court, tribunal, or dispute resolution program whatsoever, arising out of or related to your access to or use of the Services. If you violate this covenant, you agree that you will not oppose any efforts of the Bette Press LLC Parties to seek the dismissal with prejudice of any such proceedings and that, in addition to other remedies we may have, you shall pay all reasonable attorney’s fees and costs incurred by the Bette Press LLC Parties in securing such dismissal or otherwise responding to such proceedings, regardless of the party that ultimately prevails.
You hereby agree to indemnify and hold harmless Bette Press LLC and its officers, directors, members, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Bette Press LLC may offer certain Services for purchase. A description of features associated with these purchases is available via the Services. When you purchase a Service (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Bette Press LLC may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (e.g., App stores) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You will receive a confirmation email after we confirm the payment for your order. Your order is not binding on Bette Press LLC until accepted and confirmed by Bette Press LLC. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Bette Press LLC. Bette Press LLC reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Bette Press LLC deems appropriate in its sole discretion. Bette Press LLC also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Bette Press LLC will either not charge you or refund the charges for orders that we do not process or cancel.
Money Back Guarantee; Refunds
Bette Press LLC will refund you 100% of the filing fee of the first Miracle Court™ trial you schedule with us using a Trial Facilitator provided by us if you are not completely satisfied with the outcome of your case. To receive a refund, you must: 1) have paid to us the Miracle Court filing fee; 2) have participated in and completed the full Miracle Court™ trial and all stages and steps with the Trial Facilitator provided by us; and 3) have delivered your request for a refund via email in writing to Bette Press LLC at firstname.lastname@example.org within five (5) business days after completion of the trial. No refund will be given if you do not complete the entire trial. Refund available only for your first Miracle Court™ case. Money back guarantee does not apply to the Miracle Court App or any other purchases, circumstances or services. All refunds will be made in the manner in which you made the initial payment to us, or as we may otherwise designate in our sole discretion, and are limited to the amount you actually paid to us.
Suggestions and Communications; License
Bette Press LLC welcomes feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
Bette Press LLC does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Bette Press LLC and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through Services you hereby grant to Bette Press LLC a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users. Subject to your compliance with these Terms, Bette Press LLC grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE BEING PROVIDED TO YOU “AS-IS” AND “AS APPLICABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. BETTE PRESS LLC, THE CREATORS OF THE MIRACLE COURT™ APP, THE SITE, AND THE SERVICES, AND BETTE PRESS LLC AND ITS OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PRINCIPALS, LICENSORS, AND AFFILIATES (COLLECTIVELY, THE “BETTE PRESS LLC PARTIES”) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STAUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. The Bette Press LLC Parties do not guarantee the accuracy, completeness, reliability, content, or outcomes of use of the Services.
RISK OF USE
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, OUTCOMES AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT THE BETTE PRESS LLC PARTIES ARE NOT QUALIFIED EXPERTS IN AND ARE UNAWARE OF THE SUBJECT MATTER OR APPROPRIATENESS OR APPLICATION OF THE SERVICES FOR YOUR PARTICULAR SITUATION, CIRCUMSTANCES OR GRIEVANCES, HAVE NO SPECIAL OR PARTICULAR EXPERTISE, QUALIFICATIONS OR SKILLS RELATED THERETO, AND THAT YOU ARE ADVISED TO CONSULT QUALIFIED EXPERTS, ADVISORS OR TRAINED PROFESSIONALS IN THE TOPICS, FIELDS AND AREAS OF THE SERVICES AND YOUR PARTICULAR SITUATION, CIRCUMSTANCES OR GRIEVANCS BEFORE USING OR RELYING UPON THE SERVICES FOR ANY PURPOSE WHATSOEVER.
You acknowledge that Bette Press LLC is not responsible for content, products, or services on or available from third-party websites or resources that may be linked in or to the Services. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE BETTE PRESS LLC PARTIES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT OR OTHERWISE) AND EVEN IF THE BETTE PRESS LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the BETTE PRESS LLC PARTIES total liability to you or any other individual or entity for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the total amount of fifty dollars ($50.00) inclusive of all occurrences or incidents arising out of or related to your access or use of the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Bette Press LLC and you.
You agree that you may not do any of the following:
Use, display, mirror or frame the Services, or any individual element within the Services, Bette Press LLC’s name, any Bette Press LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Bette Press LLC’s express written consent;
Access, tamper with, or use non-public areas of the Services, Bette Press LLC’s computer systems, or the technical delivery systems of Bette Press LLC’s providers;
Attempt to probe, scan, or test the vulnerability of any Bette Press LLC system or network or breach any security or authentication measures;
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bette Press LLC or any of Bette Press LLC’s providers or any other third party (including another user) to protect the Services;
Use any meta tags or other hidden text or metadata utilizing a Bette Press LLC trademark, logo URL or product name without Bette Press LLC’s express written consent;
Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bette Press LLC or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Bette Press LLC is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Bette Press LLC may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Copyright and Trademark
Content of all Services copyright © 2021 Bette Press LLC. All rights reserved. Miracle Court™ is a trademark of Bette Press LLC. No part of the Services or The Miracle Court, in whatever form, may be reproduced, scanned, or distributed in any printed, digital, electronic or other form without written permission. The Miracle Court is based on The Nonjustice System created by James Kimmel, Jr., copyright © 2005, 2021 by James Kimmel, Jr. All rights reserved. Adapted with permission from: Suing for Peace: A Guide for Resolving Life’s Conflicts by James Kimmel, Jr. (Charlottesville, VA: Hampton Roads Publishing (2005)).
Contact and Questions
If you have any questions about these Terms or the Services, please email email@example.com.
ARBITRATION AND DISPUTE RESOLUTION
These Terms and any action related thereto will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law principles.
Agreement to Arbitrate
You and Bette Press LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Bette Press LLC with written notice of your desire to do so by email at firstname.lastname@example.org within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Bette Press LLC with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Bette Press LLC with an Arbitration Opt-out Notice, will be the state and federal courts located in the Eastern District of Pennsylvania and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Bette Press LLC with an Arbitration Opt-out Notice, you acknowledge and agree that you and Bette Press LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Bette Press LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for Pennsylvania residents, if applicable.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Bette Press LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Bette Press LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Bette Press LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Bette Press LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding any restrictions on modification, if Bette Press LLC changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Bette Press LLC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Bette Press LLC in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Bette Press LLC and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bette Press LLC and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications provided by Bette Press LLC under these Terms, including those regarding modifications to these Terms, will be given: (i) by Bette Press LLC via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You may not assign or transfer these Terms, by operation of law or otherwise, without Bette Press LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Bette Press LLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, these Terms will be governed by the laws of the jurisdiction of your residence. No amendment to or modification of these Terms will be binding unless in writing and signed by Bette Press LLC.
Bette Press LLC’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bette Press LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.