EDR Rules

Dispute settlement procedure

Applicability
1. The e-gree Dispute Resolution Rules (hereinafter the “Rules”) shall be applied to any e-gree dispute resolution proceeding (“EDR Proceeding”) initiated by a Party to an “Eligible Egreement.” For purposes of these Rules, an Eligible E-greement shall be defined as:
  1. Any of the following e-greements:
    1. Auto Accident
    2. Betting
    3. Business Idea NDA
    4. Business Info NDA
    5. Dating
    6. Employment NDA
    7. Event NDA
    8. Event Release
    9. Idea NDA
    10. Living Together
    11. Loan
    12. Option
    13. Pre-Nup
    14. Referral
    15. Separation
    16. Sexting/Online Dating;
  2. any other e-greement offered and entered into through the e-gree App that contains a mandatory EDR Clause;
  3. any contractual agreement that contains a mandatory EDR Clause; or
  4. any contractual agreement wherein all parties to the agreement have jointly stipulated in writing to submit their dispute to the EDR process.
2. No EDR Proceeding shall be held or conducted under these Rules if the Eligible E-greement that forms the basis for the EDR Proceeding is found by the Administrator to have not been entered in an arms-length manner.
Initiation of an EDR Proceeding
1. Any Party to an Eligible E-greement who has a good faith belief that a dispute exists with respect to the rights and obligations arising from the Eligible E-greement may, upon the payment of the appropriate fee, if any, initiate an EDR Proceeding in the following manner:
  1. For Eligible E-greements containing a mandatory EDR Process clause as described in Section 1(1.1) or (1.2):
  2. By selecting the Eligible E-greement in question from the User’s list of completed e-greements and selecting “Submit a Claim” from the option menu for the e-greement in question: OR
  3. By submitting written notice of a dispute to e-gree via email identifying the e-greement at issue and the other party(ies) to the e-greement; OR
  4. If all Parties to the Eligible E-greement stipulate to initiating a proceeding, either Party may submit the Claim as set forth in (2.1.1) or (2.1.2) above, and indicating that all parties stipulate to the initiation of the EDR Proceeding.
  5. For parties to a contract or agreement that was not initially created and entered into via the e-gree App (“Third Party Contract”) as described in Section 1(1.1) or (1.4).
  6. If the Eligible E-greement contains a Mandatory EDR Clause: By submitting via the e-gree App’s Dispute Resolution Center Page a Notice of Initiation of EDR Proceeding, which notice shall be accompanied by a copy of the Third Party Contract and, if not otherwise included in the Third Party Contract, contact information for each party to the Third Party Contract.
  7. If the Third Party Contract does not contain a Mandatory EDR Clause: By submitting via the e-gree App’s Dispute Resolution Center Page Notice of Initiation of EDR Proceeding, which notice shall be accompanied by a copy of the Third Party Contract and a stipulation signed by all parties to the Third Party Contract agreeing to submitting the dispute for EDR Proceeding.
2. The party initiating the EDR Proceeding shall be referred to during the EDR Process and within these Rules as the “Claimant.” Each of the other parties to the EDR Proceeding shall be referred to as a “Respondent.”
3. For purposes of this Section, “Party” refers to an individual signatory to an Eligible E-greement, a corporate entity that is a signatory to the Eligible E-greement, or a Third Party Beneficiary to an Eligible E-greement. Third party Beneficiaries will be required to register as an e-gree User before instituting the EDR Proceeding.
4. Subject to the Rules regarding such representation as set forth herein, an individual who is a Party to an EDR Proceeding may be represented by counsel throughout the EDR Proceeding, A corporate entity that is a Party shall be represented at all times by a corporate representative and may, subject to the Rules set forth herein, be represented by corporate counsel.
5. Claims Authorized.
  1. A Claim under these Rules is limited to the following causes of action and/or requests for relief: Breach of the terms of the e-greement; Declaratory Relief regarding rights and obligations of a party to an e-greement; Specific Performance of e-greement obligations.
  2. A Counter claim by a named party is permitted within the same scope as (2.1) above.
Initial Administration of EDR Proceeding
1. Administrator ApprovalUpon the initiation of an EDR Proceeding, e-gree shall review the Claim along with the Eligible E-greement and any additional information available to it for the purpose of confirming the genuineness of the dispute and the suitability of the dispute for resolution through the EDR Process. e-gree shall at all times reserve the right to refuse to administer an EDR Proceeding or to suspend and remove an EDR Proceeding upon a finding of fraud, including a finding that the e-greement that is the subject of an EDR Proceeding was not entered to at arm’s length.
2. Proceeding NumberUpon approval of the Claim, e-gree shall assign an EDR proceeding Number, which will be used to reference the EDR Proceeding.
3. Notice of Proceeding(1) Administrator shall provide notice of the EDR Proceeding to each Respondent identified in the Claim and/or the Eligible E-greement that is a registered User of the e-gree App. Notification shall be through the e-gree App’s EDR Online Venue established simultaneously herewith by Administrator as set forth in sub section (3.4), below.(2) If a Respondent to be notified is not or is no longer a registered user of the e-gree App, the Claimant shall be responsible for providing Notice of the EDR Proceeding to the Respondent. Such notice shall be completed within thirty (30) days of the initiation of the Claim and Proof of Service of the Notice by Claimant shall be submitted to e-gree promptly.
4. EDR Online VenuePursuant to the providing of Notice to the Parties of the EDR Proceeding under Section 3(3.3) above, Administrator shall create and maintain an online venue accessible solely by the parties and the Facilitator through the e-gree app and which shall serve as the sole location for the submission and/or upload of documents by the Parties related to the Proceeding and which shall also serve as the online hearing venue for any hearings or other matters related to the Proceedings. The Notice provided under Section 3(3.3), Administrator shall provide to the Parties the access credentials to the Online Venue and instruct the Parties that all proceedings shall be conducted through the Online Venue.
EDR Facilitators
1. The Administrator shall maintain a roster of Facilitator Personnel that shall serve as the source for EDR Facilitators appointed to Proceedings under these Rules.
2. Appointment of Facilitator. Upon its determination that all parties have been provided Notice of the Proceeding pursuant to Section 3 of these Rules, the Administrator shall, within seven (7) days thereof, provide each party with a List of Potential Facilitators (“List”).
3. The List shall be compiled from the roster of Facilitator Personnel and shall contain the names and professional biographical information of at least 5 potential Facilitators.
4. Each Party shall return the List to the Administrator within five (5) days of its receipt with that Party’s rankings of potential Facilitators indicated from first choice through fifth choice.
5. Upon receipt of the Parties’ rankings of potential Facilitators, the Administrator shall compile a joint ranking based thereon. The Administrator shall appoint the Facilitator with the highest Joint ranking.
6. The Appointed Facilitator shall be impartial and without any conflicts and shall notify Administrator immediately upon appointment of any such conflicts or impartiality.
7. In the event that an Appointed Facilitator is unwilling or unable to serve as Facilitator, the Administrator shall replace the Facilitator with the potential Facilitator from the List with the next highest joint ranking.
8. The Administrator shall promptly notify the Parties of the appointment of the Facilitator.
Initial Online Conference
1. The Facilitator shall schedule an initial conference of the Parties to take place within thirty (30) days of the Notice of Facilitator’s appointment served pursuant to Section 4(4.6). The initial conference shall take place via the Online Venue and is for the purpose of facilitating an early settlement of the dispute.
2. In preparation for the conference, the Facilitator may require the parties to provide to the Facilitator, on a date not sooner than one week prior to the scheduled online conference, a factual summary of the dispute, the claims and/or defenses that are at issue and amount of damages sought if any. In addition, the parties may submit any other documents or written statements the party deems relevant. Any and all such documents shall be uploaded by the Parties to the Online Venue.
3. The form, format and duration of the initial conference shall be decided by the Facilitator who may conduct the initial conference in a manner the Facilitator deems fit. The Facilitator may accept and consider any submission of evidence or testimony as the Facilitator deems relevant to the assessment of liability, defenses and damages. The procedures adopted by the Facilitator must at all times provide the Parties with a full and fair opportunity to present evidence and argument in support of a Party’s position.
4. The Facilitator shall inquire of the Parties, at the initial conference, of any documents or other evidence that may exist and be in possession of a Party that are relevant to any claims or defenses in the Proceeding. Upon the request of a Party, or y it’s own initiative, the Facilitator may order a Party to produce certain documents relevant to the Proceeding.
5. The Facilitator may suspend or continue an Initial Online Conference if Facilitator has a good faith belief that such action would assist in reaching a early and final settlement prior
6. The parties may not be represented by counsel at the initial conference. Corporate parties may be represented by a corporate representative.
EDR Forum
1. Upon the payment of any required fee, the Administrator shall within ten (10) days after the completion of the initial conference, and if no settlement is reached, establish a Dispute Posting related to the Proceeding on the e-gree EDR Forum.
2. The Facilitator shall promptly upload any and all documents and information to the Dispute Posting that Facilitator deems pertinent to resolving the dispute and that the Facilitator reasonably believes to be of assistance to the e-gree community in providing commentary, editorial and recommendations regarding resolution of the dispute.
3. Any documents or other information requested of a Party during the Initial Conference and ordered produced by the Facilitator shall be produced and provided to the Dispute Posting within five (5) days of the creation of Dispute Posting.
4. Party Appeals.
5. A Party to a Proceeding shall within 7 days of the creation of the Dispute Posting upload to the Dispute Posting an Appeal. The Appeal may consist of any arguments in support of the Party’s position regarding the appeal, any evidence, witness statements or testimony related to the dispute and any request for contributions towards the Party’s claims or defenses.
6. The Administrator shall create and maintain a EDR Fund related to the Proceeding for the purpose of permitting, recording and holding contributions made in support of any party to a Proceeding. Said EDR Fund shall be accessible and available for contributions through the Dispute Posting and the current status of the EDR Fund, including the amounts pledged shall be made and kept viewable on the Dispute Posting.
7. The Facilitator shall permit Party Appeals to remain viewable on the Dispute Posting for a period of not less than 14 days. Any Party may request an extension of this time period upon reasonable notice to Facilitator and other Party(ies). While any Party may oppose such a request, the Facilitator shall not unreasonably deny reasonable requests for extensions.
Facilitator Decision and Award
1. Within fourteen (14) days of the closing of the EDR Forum, the Facilitator shall render a decision and issue an Award. The Award shall be written and shall contain a brief recitation of the dispute, claims and defenses and shall set for the amount of the monetary award, if any.
2. Any monetary award shall include the contributions made toward the Proceedings collected and/or pledged through the EDR Forum that were either undesignated or designated as being made in favor of the prevailing party or for the defense of the non-prevailing party.
3. The Facilitator may increase the award amount to reflect the Facilitator’s assessment of the dispute, taking into consideration the facts, circumstances, the amount contributed through the EDR Forum, the costs incurred by the prevailing party, and the record of conduct of the non-prevailing party during the Proceedings, including any willing non compliance with orders of the Facilitator and/or withholding of evidence or information deemed by the Facilitator to be relevant to the merits of the claims and defenses and/or resolution of the Dispute.
4. The Facilitator shall deliver the arbitration award to the Party and provide Notice to the Administrator of the Decision and Award.
5. Within fourteen days of receiving Notice of the Facilitator Decision and Award, Administrator shall deliver in a means agreeable to the Prevailing party, any funds pledged or contributed through the EDR Forum which have been made part of the Award. Administrator shall serve the Parties with the Decision and Award for further proceedings by the Parties.
Closing of the Proceeding
1. Upon the issuance of the Decision and Award, the Administrator shall close the Proceedings.
2. Upon request of a Party, the Administrator shall provide certified copies of the Decision and Award to the Parties that may be required in judicial proceedings relating to the EDR.
3. Parties to an EDR Proceeding under these Rules shall be deemed to have consented that judgment upon an EDR Award may be entered in any federal, state or other court having jurisdiction thereof.
Record of the Proceeding
1. Administrator shall maintain a record of the Proceedings including the Initial Online Conference, the EDR Forum and the Award issued by the Facilitator.
2. Administrator shall not disclose or use the Record of the Proceeding except in response to a Court order.

EDR Rules

Dispute settlement procedure

Now and forever