You agree to be bound by all the Terms and Conditions set forth in this document, in addition to the Terms of Use in the following portal link:
www.ipiu.org/forums/showthread.php?2914

DISCLAIMER.

The materials posted on www.ipiu.org and www.privateinvestigators.cc this website, hereinafter referred to as "this website", by User Names of "Tax Affairs, "Financial Affairs", "Administrator", and "Legal Affairs", hereinafter referred to as "Affairs", are informational and are provided "as is" without warranties of any kind either express or implied. Affairs and this website do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Affairs and this website's comments or the servers that make Affairs and this website's comments available are free of viruses or other harmful components. Affairs and this website does not warrant or make any representations regarding the use or the results of the use of the materials at, or linked from, the comments posted by Affairs and this website in terms of their correctness, accuracy, reliability, or otherwise.

Affairs and this website provide, as needed, online legal portal links to outside government, professional, and other sites of interest to give visitors a general understanding of the regulations and resources, and to provide other outside solution resources to individuals who choose to prepare their own tax, financial, or legal documents. Visitors or members need not download software from this site when creating their own documents. Affairs and this website includes general information on commonly encountered tax, financial, and legal issues. Affairs and this website may from time to time review of your posted comments for completeness, spelling and grammar, and for internal consistency of names, addresses and the like. At no time do we review your answers for tax, financial, or legal sufficiency, draw tax, financial, or legal conclusions, provide tax, financial, or legal advice, opinions or recommendations about your tax, financial, or legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Affairs and this website is not a tax, financial, or law firm and may not perform services performed by licensed tax accountant, licensed financial adviser, or a licensed attorney. Affairs and this website and its services are not substitutes for the advice of a licensed tax accountant, licensed financial adviser, or a licensed attorney.

From time to time, Affairs and this website may perform certain tax, financial, or legal access services and introduce our visitors and members to licensed tax accountants, licensed financial advisers, or licensed attorneys through various methods, including but not limited to (i) tax, financial, or legal plans, (ii) third party tax, financial, or legal directory listings, and (iii) third party limited scope agreements. At no time is a Tax-Client Relationship, Financial-Client Relationship, or an Attorney-Client Relationship fostered or created with Affairs and this website through the performance of any such services.

Affairs, including the non-dēscriptus administrator User Names of Technical Support, Admin, and others may be used as collective cadre pseudonyms of professionals which may not bear any personal identifier as the author.

Comments posted by Affairs and this website are available exclusively at this website. Affairs and this website does not take any responsibility of any kind for any copies of any portion of Affairs and this website's comments that may appear at any other location.

Tax Affairs, Financial Affairs, Legal Affairs, and Administrators, including the non-dēscriptus administrator User Names of Technical Support, Admin, and others may be used as collective cadre pseudonyms of professionals which may not bear any personal identifier as the individual specific author. Further, these collective groups of professionals posting under a non-dēscriptus administrator cadre pseudonym are free to express their own personal opinions without any personal identifier as the specific author representing themselves as a collective group name. However, they are prohibited from soliciting in areas of tax advice, financial advice, legal advice, or other areas outside the bounds of the Terms of User Agreement. These approved non-dēscriptus members who have a general background in relative areas, which may require a government professional license, may have an Assigned User Name, such as "Tax Affairs", "Financial Affairs", "Legal Affairs", or "Administrator", but they are prohibited from posting "advice" which may be construed as tax advice, financial advice, legal advice, professional advice, or any other consideration where either a government license is required, or advice which may exceed the author's permissions. They are, however, free to post excerpts from government authorities in order to aid the members in the resources available. As an addendum to this document, the following document Terms of Use item is to be considered additional terms of agreement:
http://www.ipiu.org/forums/showthread.php?39515

LIMITATION OF LIABILITY.

Under no circumstances, including, but not limited to, negligence, shall Affairs and this website be liable for any special or consequential damages that result from the use of, or the inability to use, the materials posted by Affairs and this website, even if Affairs and this website or their respective authorized representatives have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of Affairs and this website to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount, if any, paid by you within the last calendar year for accessing or using the Affairs and this website.

No Tax-Client Relationship, Financial-Client Relationship, or Attorney-Client Relationship.

Affairs and this website services are not intended to create any Tax-Client Relationship, Financial-Client Relationship, or Attorney-Client Relationship, and your use of Affairs and this website does not and will not create an Tax-Client Relationship, Financial-Client Relationship, or Attorney-Client Relationship between you and Affairs and this website. Instead, you are and will be representing yourself in any tax, financial, or legal matter you undertake as a result or general information posted by Affairs and this website.

Affairs comments and this website provide general information about tax, financial, or legal topics, but it does not provide tax, financial, or legal advice, nor is it a solicitation to provide tax, financial, or legal services to any visitor or member or in any jurisdiction. Use of the Affairs comments and this website or sending Affairs and this website e-mail does not create a Tax-Client Relationship, Financial-Client Relationship, or Attorney-Client Relationship. Users of information from comments posted by Affairs and this website do so at their own risk.

LINKS TO OTHER WEBSITES.

Affairs and this website may contain links to websites controlled by parties other than Affairs and this website (each a "Third Party Site") Affairs and this website may, at its own choosing, work with a number of partners and affiliates whose sites are linked with Affairs and this website. Affairs and this website may, at its own choosing, also provide links to other citations or resources with whom it is not affiliated. Affairs and this website is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Affairs and this website makes no guarantees about the content or quality of the products or services provided by such sites. Affairs and this website is not responsible for webcasting or any other form of transmission received from any Third Party Site. Affairs and this website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Affairs and this website of the Third Party Site, nor does it imply that Affairs and this website's sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Affairs and this website is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

To the extent that Affairs comments and this website contain links to outside services and/or resources, Affairs and this website does not control the availability and content of those outside services and resources. Users of information from services and/or resources to which Affairs and this website has linked do so at their own risk. Any concerns regarding any such service or resource should be directed to the particular service or resource to which Affairs and this website has linked.

JURISDICTION.

These terms shall be governed by and construed in accordance with the laws of the State of Montana. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state court in Kalispell, Montana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

DISPUTE RESOLUTION BY BINDING ARBITRATION.

Please read this carefully. It affects your rights.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at (800) 548-1526. In the unlikely event that the International Private Investigators Union (IPIU and this website (www.ipiu.org and www.privateinvestigators.cc) and the Customer Care Department is unable to resolve your complaint to your satisfaction (or if IPIU and this website has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement:

(a) IPIU and this website and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;

  • Claims that arose before these or any prior Terms of Use (including, but not limited to, claims relating to advertising);

  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

  • Claims that may arise after the termination of these Terms of Use.


For the purposes of this Arbitration Agreement, references to "International Private Investigators Union (IPIU and this website (www.ipiu.org and www.privateinvestigators.cc)," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, and shall be governed by and be construed according to the applicable laws of the State of Montana, without regard to the conflict of laws provisions thereto, and shall be exclusively resolved in the competent court in Kalispell, Montana. Each party hereby irrevocably waives, to the fullest lawful extent, all right to trial by jury in any proceeding relating to this agreement, the notes or the transactions they contemplate. You agree that, by entering into these Terms of Use, you and IPIU and this website are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to IPIU and this website should be addressed to: Notice of Dispute, IPIU, PO Box 1172, Bigfork, MT 59911-1172 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If IPIU and this website and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or IPIU and this website may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by IPIU and this website or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or IPIU and this website is entitled.

You may request a free copy a Notice of Dispute form at www.ipiu.org/forums/sendmessage.php

You may download or copy a form to initiate arbitration from the AAA website at the following link:

http://www.adr.org/aaa/ShowPDF;jsess...=ADRSTG_004342

(There is a separate form for California residents, also available on the AAA's website at http://www.adr.org)

(c) After IPIU and this website receives notice at the Notice Address that you have commenced arbitration, the arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to IPIU and this website , at http://www.google.com.) The arbitrator is bound by these Terms. Unless IPIU and this website and you agree otherwise, any arbitration hearings will take place in Flathead County, Montana. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving IPIU and this website. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which IPIU and this website was a party. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse IPIU and this website for all monies disbursed by it that are otherwise your obligation to pay under the AAA Rules. if you initiate an arbitration in which you seek damages, the payment of fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.

(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Under some laws IPIU and this website has a right to an award of attorney's fees and expenses if it prevails in an arbitration.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND IPIU AND THIS WEBSITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms of Use provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and IPIU and this website agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

(h) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.

ADDITIONAL TERMS FOR OTHER IPIU and this website Services may be subject to additional Terms of User at the following portal link:
http://www.ipiu.org/forums/showthread.php?2914