MINUTE MEDIATOR, LLC TERMS OF SERVICE

Effective Date: 05/09/2023

This document, the Minute Mediator, LLC Terms and Conditions of Service (“Terms and Conditions”), outlines the terms and conditions regarding your use of our services. These Terms and Conditions are a legally binding contract between you and Minute Mediator, LLC, so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.

By using, accessing or browsing the Minute Mediator Service, platform, and products including applications, mobile, software, websites or other properties owned or operated by Minute Mediator, LLC or by registering for a Minute Mediator account ( “Services”) you are agreeing to be bound by these Terms and Conditions for the Services provided by Minute Mediator, LLC.

If you are using the Services on behalf of an organization, you are agreeing to these Terms and Conditions for that organization and promising to Minute Mediator, LLC that you have the authority to bind that organization to these Terms and Conditions (in which event, “you” and “your” will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the Terms and Conditions of that contract will govern your use of the Services.

In order to use the Service, you must be legally permitted to accept these Terms.

1. PRIVACY

In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy. You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how Minute Mediator, LLC collects, stores, and uses certain information.

2. CHANGES TO THESE TERMS

We reserve the right to modify these Terms and Conditions. We will post the most current version of these Terms and Conditions at www.minutemediator.com (the “Site”). If we make material changes to these Terms and Conditions, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing [email protected]. Your continued use of our Services after we publish or send a notice about our changes to these Terms and Conditions means that you are consenting to the updated Terms and Conditions.

3. YOUR ACCOUNT

Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with Minute Mediator, you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.

You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy in Section 10). If you choose to use Minute Mediator Sign, the electronic signing feature which Minute Mediator may make available to you as part of the Services (“Minute Mediator Sign”), it is your responsibility to determine whether the features of the Minute Mediator Sign are appropriate for your particular case. By electronically signing, you are agreeing to the provisions in the document signed.

Only you may use your Minute Mediator account and you are responsible for all aspects of your account. Each user must have a separate account. You may not share, loan or transfer your ID or password. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact Minute Mediator Support via our Minute Mediator Community Page.

4. EMAIL SELECTED FOR YOUR ACCOUNT

You get to choose what email address(es) you register for an account. Please be aware, however, that if the domain of the email address associated with your account is owned or controlled by an organization (such as your work or school) and that organization establishes a direct relationship with us and wishes to add your account to such relationship, then you may be rolled into that organization’s account after a reasonable attempt to notify you of the change. Fourteen (14) days after that attempted notice, if you do not respond or change the email address associated with your account, your account may be deactivated, and Content associated with your account may be deleted.

If an organization provided you with your account (e.g., an insurance company or law firm), or if you agree to have your account managed by an organization, you understand that this organization has rights to your account and may: (a) manage your account (including suspending or canceling); (b) reset your password; (c) view your usage and profile data, including how and when your account is used; and (d) manage the Content in your account.

By registering with Minute Mediator or signing up for Services, you understand and consent to us sending you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding Minute Mediator’s products and services. Please review your settings in your account to control the messages you receive from us or you may choose to opt-out of receiving advertising and marketing materials by unsubscribing from such communications by following the instructions in the message.

Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Services.

6. CONFIDENTIAL INFORMATION

During your use of the Services, Minute Mediator may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to Minute Mediator, LLC.

Similarly, we agree that your Content, credit card/banking information and information contained in your account is confidential to you.

Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information.

However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories.

Lastly, we both agree that: (i) we will treat each other’s information with the same degree of care that we treat our own confidential information; (ii) will use each other’s confidential information only in connection with these Terms and the Services; (iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section); and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.

7. ACCEPTABLE USE POLICY

You agree you will not, nor will you encourage others or assist others to, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or Minute Mediator and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Minute Mediator) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to, and/or cause Minute Mediator to, violate any law or distribute any malware or malicious Content; (g) use the Minute Mediator Service to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (h) use the Minute Mediator Service in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity; (i) distribute, post, share information or Content illegally or without permission; (j) use the Minute Mediator Service to disseminate or promote terrorism or terrorist activities; or (k) use the Minute Mediator Service to disseminate material that may infringe upon legally protected social rights and freedoms of a person(s) (collectively, ‘human rights’) and/or as defined by domestic and public international laws and/or other legal norms. As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.

We also reserve the right to deactivate, change and/or require you to change your Minute Mediator user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services. You also agree that if you learn of any unauthorized or unacceptable use of any account, Content or the Service, you will promptly contact Minute Mediator Support and take all reasonable steps to cooperate with Minute Mediator and assist in the termination of such use.

8. SUSPENSION AND TERMINATION OF THE SERVICE

We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion or disable any Content if a) you are in breach of these Terms and Conditions; or b) your use of the Services could cause a risk of harm or loss to Minute Mediator, LLC or our other users; or c) Minute Mediator declines to renew your Subscription Period. When reasonable and as permitted by law, Minute Mediator will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Minute Mediator’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms and Conditions, or if such notice would lead to civil or criminal liability for Minute Mediator, LLC, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, Minute Mediator may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.

You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.

Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Section 7. You must make such request within fourteen (14) days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.

9. UPDATES TO THE SERVICE

Minute Mediator may make deployments of changes, updates or enhancements to the Services or modifications to Minute Mediator’s default settings at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.

10. THIRD PARTY PRODUCTS

Minute Mediator may make available to you optional third-party applications, services or products, for use in connection with the Services (“Third-Party Products”). These Third-Party Products are not necessary for the use of the Services and your use of the Third-Party Products (and any exchange of any information, license, payments etc.) is solely between you and the applicable third-party provider. Minute Mediator makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.

If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third-party provider.

11. MINUTE MEDIATOR, LLC PROPRIETARY RIGHTS

All contents of the Site and Services including but not limited to the website, logo, design, text, software, technical drawings, configurations, graphics, computer code, other files, and their selection and arrangement and Minute Mediator Confidential Information belong to Minute Mediator, LLC, and/or its suppliers, affiliates, or licensors. Minute Mediator, LLC or its licensors own and reserve all rights, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and Confidential Information. No title to or ownership of any proprietary rights related to the Services or Minute Mediator Confidential Information is transferred to you pursuant to these Terms and Conditions.

If you provide comments, suggestions and recommendations to Minute Mediator about a Service (e.g., modifications, enhancements, improvements) (collectively, “Feedback”), you are automatically assigning this Feedback to Minute Mediator.

12. NO WARRANTY OR CONDITIONS

There are certain things that we do not promise about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs.

TO THE EXTENT NOT PROHIBITED BY LAW, MINUTE MEDIATOR, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

13. ASSUMPTION OF THE RISK

You understand that use of the Service involves risk, and you expressly agree that by using the Service, you assume all risks of financial loss, economic injury or damages, loss caused by settling for an amount that you did not intend to settle for, interruption of the Service, emotional damages, stress, anxiety, bodily injury, and all losses caused by the use of the Service, including but not limited to losses, damages, or injuries resulting from our own ordinary negligence, gross negligence, errors, miscalculations, or omissions, and agree not to sue us for such damages or losses.

14. INDEMNIFICATION

To the extent not prohibited by law, you will defend Minute Mediator, LLC against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Minute Mediator’s actions); or (b) violates applicable law or these Terms and Conditions. Minute Mediator, LLC will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.

15. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR MINUTE MEDIATOR, LLC, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR SETTLEMENTS WHICH YOU NEED TO PAY OUT AFTER USING THE SERVICE, LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF MINUTE MEDIATOR, LLC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT BRING SUIT OR FILE ANY CLAIM AGAINST MINUTE MEDIATOR, LLC, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS CONTRACTORS, OR LICENSORS, EVEN IF THE LOSSES YOU CLAIM TO HAVE EXPERIENCED WERE CAUSED OR CONTRIBUTED TO BE CAUSED BY OUR NEGLIGENCE.

IF SUCH SUIT AGAINST MINUTE MEDIATOR, LLC IS ALLOWED, THEN THE AGGREGATE LIABILITY OF MINUTE MEDIATOR, LLC, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, AFFILIATES, LICENSORS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR REPRESENTATIVES, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT SESSION FEE FOR USING THE SERVICES; OR (B) THREE HUNDRED DOLLARS ($300 U.S.D.), WHICHEVER IS LESS. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

In using the Minute Mediator Service, it is your responsibility to educate yourself on how Minute Mediator works. Each time you input settlement offers, demands, or values into Minute Mediator, you are verifying that you have double-checked the figures to make sure that they are accurate and correct. You have the responsibility to ensure that you have the correct inputted numbers. You understand that inputting incorrect numbers can have a dramatic adverse effect on your client. If, for example, you input a number by mistake (for example, you type “765” instead of “765,000”), you understand that your case could settle for an amount far different than you were intending. Understanding this risk, you agree to assume all risks associated with incorrectly inputting numbers into Minute Mediator, LLC.

Nothing in these Terms and Conditions shall exclude or limit the liability of you or Minute Mediator, LLC, its members, managers, affiliates, officers, employees, agents, licensors, resellers, suppliers, contractors, and distributors for fraud, fraudulent misrepresentation, or any liability that cannot be excluded or limited by law. The provisions of this “Limitation of Liability” section allocates the risks under these Terms between you and Minute Mediator, LLC, and you and Minute Mediator, LLC have relied on these limitations in determining whether to enter into these Terms and Conditions and the pricing for the Services.

16. ARBITRATION AND CLASS ACTION WAIVER; DISPUTE RESOLUTION AND GOVERNING LAW

”THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.”

By agreeing to these Terms and Conditions, you agree to waive a jury trial and resolve any dispute in mandatory, binding arbitration on an individual basis only, and not on a class or collective action basis (“Class Action Waiver”). Claims for arbitration shall be brought under the rules of the American Arbitration Association. Notwithstanding any AAA rules, however, each party shall be responsible for their own attorney’s fees, case expenses, fees, and costs. You can send any and all demands for binding arbitration to:

Minute Mediator Dispute Resolution c/o John F. Medler, Jr. 2030 Main Street Suite 1300 Irvine CA 92614

The arbitrator who is assigned to our dispute shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis and shall not do so on a class or collective action basis. Notwithstanding any other provision of this Provision or AAA Rules, disputes regarding the enforceability, revocability, or validity of this Class Action Waiver may be resolved only by the Circuit Court of St. Louis County, Missouri. In any case in which: (1) the dispute is filed as a class or collective action; and (2) there is a final judicial determination that the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in the Circuit Court of St. Louis County, in a judge-tried case, and Missouri law shall apply. All other rights, remedies, statutes of limitation and defenses applicable to claims asserted in a court of law will apply in the arbitration.

17. FEES

Minute Mediator, LLC offers only paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees (“Fees”) as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency which Minute Mediator quoted at the time of purchase.

Minute Mediator reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then- current Fee(s). If you don’t agree to these changes, you must stop using the Service and cancel via email to [email protected] (with cancellation confirmation from a Minute Mediator representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.

If you do not cancel in accordance with these Terms and Conditions, then you will be bound to pay the charges as quoted at the time of purchase.

Every time you use the Service, you will be charged a “Session Fee” (also called “Administrative Fee”). The amount of the Session Fee is quoted on the website. You will owe this Session Fee whether or not your case settles successfully. If your case settles successfully through Minute Mediator, then you will automatically be charged an additional “Success Fee” (also called “Settlement Fee”) of $999. The Success Fee is only charged if the session successfully results in a settlement. Settlement sessions last thirty (30) minutes. If, at the end of your 30-minute session, you have not successfully reached a settlement, you can begin a new 30-minute session, but, in that event, you will be automatically charged an additional Session Fee.

Ask our marketing department about special discounted rates for purchasing multiple sessions.

18. BILLING/PAYMENT

If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent Minute Mediator has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

19. MINUTE MEDIATOR SOFTWARE

Your use of the Service may include use of optional downloadable user software (“Software”). This Software may update automatically on your device once a new version or feature is available. Minute Mediator gives you a personal, worldwide (subject to applicable law), royalty- free, non-assignable and non-exclusive license to use the Software provided to you by Minute Mediator as part of Service, for the sole purpose of enabling you to use and enjoy the benefit of the Service.

20. GENERAL TERMS

20.1 Severability; Entire Agreement.

These Terms and Conditions apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms and Conditions as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms and Conditions will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.

20.2 Assignment and transfer.

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we provide written consent for you to do so.

20.3 Independent Contractors; No third-party beneficiaries.

Minute Mediator, LLC and you are not legal partners or agents; instead, our relationship is that of independent contractors, or of vendor and customer. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

20.4 Waiver.

The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.