Last Updated: September 21, 2021
2077 Eaton Avenue Suite S
San Carlos, CA 94070.
activities. This information includes:
3. Information you choose to provide:
12.While the Mediate application is in use, we keep track of your device’s
geographic location so that we can connect you to other Mediate users based on
your particular geographic location.
13. Use of your information by others
14. We may share user information with other companies for various reasons as
described below. What information we make available to other companies depends on the nature of our relationships with them. We generally require these other companies to keep our users' information confidential.
15. Service Providers: We may share all of the types of information we collect with vendors who provide services to us.
16. Advertisers: To the extent we display advertising on Mediate, we may allow advertisers and advertising networks to collect information about your mobile device (including mobile device IDs), activities, and geographic location to enable them to display targeted ads to you.
17.Analytics Companies: We allow analytics companies to use tracking technologies to collect information about our users' computers or mobile devices and their online activities. These companies analyze this information to help us understand how our sites and apps are being used. Analytics companies may use mobile device IDs, as described in the paragraph below (“Mobile device IDs”). Unlike cookies, device IDs cannot be deleted.
18. Mobile device IDs: In order to recognize you, store your preferences, and track your use of our application, we may store your mobile device IDs (the unique identifier assigned to a device by the manufacturer) when you use the Mediate application. Unlike cookies, device IDs cannot be deleted.
19. What we don't share: We do not provide analytic companies with your name, address, email address, or phone number.
20. Aggregated Information: We may publicly disclose aggregated information about our users, such as the total number of our users and their overall demographics.
21. Legal matters: We will not disclose any confidential information unless it is required by law, such as: in response to a legal request, such as a subpoena, court order, or government demand; to investigate or report illegal activity; or to enforce our rights or defend claims. We do not plan on transferring your information to another company in connection with a corporate restructuring, such as a sale or merger, rather we plan on keeping confidential negotiations entirely as such.
22. Children's privacy
23. Persons under the age of 13 are hereby prohibited from registering for any service, and we do not knowingly collect any personally identifiable information from persons under the age of 13.
24. Information from users outside the United States
25. If you’re outside the United States, your information will be sent to and stored in
© Copyright Mediate LLC 2021. All rights reserved.
Mediate Please Terms
Last Updated: September 21, 2021
PLEASE READ THIS DOCUMENT CAREFULLY
Mediate LLC (“Mediate,” "Mediate Please," “we,” or “us”) operates the Mediate mobile app. By using Mediate in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use Mediate.
10. Term and Termination; Account Deletion
11. This Agreement begins on the date you first use Mediate and continues until
terminated in accordance with the provisions hereof.
12. Mediate may suspend, disable, or delete your account (or any part thereof) if
Mediate determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage any Mediate reputation or goodwill. If Mediate deletes your account for the foregoing reasons, you may not re-register under a different name.
13. Upon termination, all licenses granted by Mediate will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Mediate shall not be responsible for the loss of such content.
14. Disclaimers; Limitation of Liability
20. You are solely responsible for the content that you publish or display (hereinafter,
“post”) on Mediate, or transmit to other users. You will not post on Mediate, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Mediate or to any other user. If information provided to Mediate, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
22. You may not include in your user profile any telephone numbers, street
addresses, or URLs.
23. Licenses Granted by You
24.You grant Mediate and its affiliates a worldwide, perpetual, irrevocable,
non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Mediate permission to view your content for their personal, legal purposes. If you make suggestions to Mediate on improving or adding new features to Mediate, Mediate shall have the right to use your suggestions without any compensation to you.
25. Your Representations and Warranties
26. For each piece of content that you submit, you represent and warrant that: (i) you
have the right to submit the content to Mediate and grant the licenses set forth above; (ii) Mediate will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
28. You will indemnify, defend, and hold harmless Mediate and its affiliates, directors,
officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Mediate; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Mediate violates any law or infringes any third party right, including any intellectual property or privacy right.
29. Third Party Copyrights and Other Rights Copyright Policy
infringement, please provide us with a written notice containing the following information:
34. You may submit this information via:
○ Email: info@MediatePlease.com
35. DMCA Counter-notification
36.If you believe that your material has been removed by mistake or misidentification, please provide Mediate with a written counter-notification containing the following information:
○ Your electronic or physical signature.
37. You may submit this information via:
○ Offline: Mediate Copyright Agent (see below)
59. Email: info@MediatePlease.com
60. General Provisions
61. GOVERNING LAW: This Agreement shall be governed by the laws of the State
of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
62. DISPUTES: Any dispute arising out of or relating to this Agreement or your use of Mediate must: first, be attempted to be negotiated via the Mediate application, second, be confidentially mediated via a third party neutral, whether in person or via tele-communication methods, and third, be sent to a mutually agreed to and neutral arbitrator, who follows the American Arbitration Association (“AAA”) commercial arbitration protocol, in lieu of litigation. The situs for this agreement is San Mateo County, California, United States of America. In any such action, Mediate and you irrevocably waive any right to a trial by jury.
63. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Mediate in exercising any right hereunder will waive any further exercise of that right. Mediate rights and remedies hereunder are cumulative and not exclusive.
64.SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Mediate prior written consent. No third party shall have any rights hereunder.
65.NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Mediate electronically. Mediate may provide all such communications by email or by posting them on Mediate. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at info@MediatePlease.com or the following address:
74. This Agreement may not be modified except by a revised Terms of Service posted by Mediate on Mediate or a written amendment signed by an authorized representative of Mediate. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Mediate and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
© Copyright Mediate LLC 2021. All rights reserved.
CONFIDENTIALITY AGREEMENT (SITUS: CALIFORNIA)
Mediate is intended to assist users (for example: “disputants”, “participants”, “mediators”, etc) in the process of resolving their disputes. A key tenet of mediation is that the process is confidential for all parties involved. Please read this Confidentiality Agreement carefully to ensure that you act in accordance.
Mediation of Participants’ Dispute
In order to promote communication among the parties and to facilitate resolution of the dispute, the participants agree as follows:
1. This mediation process is to be considered settlement negotiations for the purpose of all state and federal rules protecting disclosures made during such process from later discovery and/or use in evidence.
2. The provisions of California Evidence Code §§ 1115-1128 and 703.5, as attached hereto, apply to this mediation. THIS CONFIDENTIALITY AGREEMENT ("AGREEMENT") EXTENDS TO ALL PRESENT AND FUTURE CIVIL, JUDICIAL, QUASI-JUDICIAL, ARBITRAL, ADMINISTRATIVE OR OTHER PROCEEDINGS.
3. The participants' sole purpose in conducting or participating in mediation is to compromise, settle or resolve their dispute, in whole or in part.
4. The privileged character of any information or documents is not altered by disclosure to the mediator. The mediation process may continue after the date appearing below. Therefore, the mediator's subsequent oral and written communications with the mediation participants in a continuing effort to resolve the dispute are subject to this Agreement. Accordingly, the parties waive the automatic termination provisions of section 1125(a)(5). This Agreement is in effect before, during and after the mediation.
5. ANY WRITTEN SETTLEMENT AGREEMENT PREPARED DURING OR AT THE CONCLUSION OF THE MEDIATION IS SUBJECT TO DISCLOSURE, BINDING, ENFORCEABLE, AND ADMISSIBLE to prove the existence of and/or to enforce the agreement under California Code of Civil Procedure §664.6, if applicable, or otherwise.
6. Because the participants are disclosing information in reliance upon this Agreement, any breach of this Agreement would cause irreparable injury for which monetary damages would be inadequate. Consequently, any party to this Agreement may obtain an injunction to prevent disclosure of any such confidential information in violation of this Agreement.
7. The mediator is serving as a neutral intermediary and settlement facilitator and may not act as an advocate for any party. THE MEDIATOR'S STATEMENTS DO NOT CONSTITUTE LEGAL ADVICE TO ANY PARTY. ACCORDINGLY, THE PARTIES ARE STRONGLY ENCOURAGED TO SEEK LEGAL ADVICE FROM THEIR OWN COUNSEL. If the mediator assists in preparing a settlement agreement, each participant is advised to have the agreement independently reviewed by their own counsel before accepting the agreement.
Acceptance of Agreement evidenced by user accessing Mediate.
Relevant Legal Jargon
(provided as-is and for informational purposes only)
CALIFORNIA EVIDENCE CODE
§1115. For purposes of this chapter:
(a) "Mediation" means a process in which a neutral person or persons facilitate
communication between the disputants to assist them in reaching a mutually acceptable agreement.
(b) "Mediator" means a neutral person who conducts a mediation. "Mediator" includes any person designated by a mediator either to assist in the mediation or to communicate with the participants in preparation for a mediation.
(c) "Mediation consultation" means a communication between a person and a mediator for the purpose of initiating, considering, or reconvening a mediation or retaining the mediator.
§1116. (a) Nothing in this chapter expands or limits a court's authority to order participation in a dispute resolution proceeding. Nothing in this chapter authorizes or affects the enforceability of a contract clause in which parties agree to the use of mediation.
(b) Nothing in this chapter makes admissible evidence that is inadmissible under Section 1152 or any other statute.
§1117. (a) Except as provided in subdivision (b), this chapter applies to a mediation as defined in Section 1115.
(b) This chapter does not apply to either of the following:
(1) A proceeding under Part 1 (commencing with Section 1800) of Division 5
of the Family Code or Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code.
(2) A settlement conference pursuant to Rule 222 of the California Rules of
§1118. An oral agreement "in accordance with Section 1118" means an oral agreement that satisfies all of the following conditions:
(a) The oral agreement is recorded by a court reporter, tape recorder, or other reliable means of sound recording.
(b) The terms of the oral agreement are recited on the record in the presence of the parties and the mediator, and the parties express on the record that they agree to the terms recited.
(c) The parties to the oral agreement expressly state on the record that the agreement is enforceable or binding or words to that effect.
(d) The recording is reduced to writing and the writing is signed by the parties within 72 hours after it is recorded.
§1119. Except as otherwise provided in this chapter:
(a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.
(b) No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation, is admissible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.
(c) All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.
§1120. (a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or protected from disclosure solely by reason of its introduction or use in a mediation or a mediation consultation.
(b) This chapter does not limit any of the following:
(1) The admissibility of an agreement to mediate a dispute.
(2) The effect of an agreement not to take a default or an agreement to extend
the time within which to act or refrain from acting in a pending civil action.
(3) Disclosure of the mere fact that a mediator has served, is serving, will
serve, or was contacted about serving as a mediator in a dispute.
§1121. Neither a mediator nor anyone else may submit to a court or other adjudicative body, and a court or other adjudicative body may not consider, any report, assessment, evaluation, recommendation, or finding of any kind by the mediator concerning a mediation conducted by the mediator, other than a report that is mandated by court rule or other law and that states only whether an agreement was reached, unless all parties to the mediation expressly agree otherwise in writing, or orally in accordance with Section 1118.
§1122. (a) A communication or writing, as defined in Section 250, that is made or prepared for the purpose of, or in the course of, or pursuant to, a mediation or a mediation consultation, is not made inadmissible, or protected from disclosure, by provisions of this chapter if either of the following conditions is satisfied:
(1) All persons who conduct or otherwise participate in the mediation expressly agree in writing, or orally in accordance with Section 1118, to disclosure of the communication, document, or writing.
(2) The communication, document, or writing was prepared by or on behalf of fewer than all the mediation participants, those participants expressly agree in writing, or orally in accordance with Section 1118, to its disclosure, and the communication, document, or writing does not disclose anything said or done or any admission made in the course of the mediation.
(b) For purposes of subdivision (a), if the neutral person who conducts a mediation expressly agrees to disclosure, that agreement also binds any other person described in subdivision (b) of Section 1115.
§1123. A written settlement agreement prepared in the course of, or pursuant to, a mediation, is not made inadmissible, or protected from disclosure, by provisions of this chapter if the agreement is signed by the settling parties and any of the following conditions are satisfied:
(a) The agreement provides that it is admissible or subject to disclosure, or words to that effect.
(b) The agreement provides that it is enforceable or binding or words to that effect.
(c) All parties to the agreement expressly agree in writing, or orally in accordance with Section 1118, to its disclosure.
(d) The agreement is used to show fraud, duress, illegality that is relevant to an issue in dispute.
§1124. An oral agreement made in the course of, or pursuant to, a mediation is not made inadmissible, or protected from disclosure, by the provisions of this chapter if any of the following conditions are satisfied:
(a) The agreement is in accordance with Section 1118.
(b) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118, and all parties to the agreement expressly agree, in writing or orally in accordance with Section 1118, to disclosure of the agreement.
(c) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118, and the agreement is used to show fraud, duress, or illegality that is relevant to an issue in dispute.
§1125. (a) For purposes of confidentiality under this chapter, a mediation ends when any one of the following conditions is satisfied:
(1) The parties execute a written settlement agreement that fully resolves the
(2) An oral agreement that fully resolves the dispute is reached in accordance with Section 1118.
(3) The mediator provides the mediation participants with a writing signed by the mediator that states that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121.
(4) A party provides the mediator and the other mediation participants with a writing stating that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121. In a mediation involving more than two parties, the mediation may continue as to the remaining parties or be terminated in accordance with this section.
(5) For 10 calendar days, there is no communication between the mediator and any of the parties to the mediation relating to the dispute. The mediator and the parties may shorten or extend this time by agreement.
(b) For purposes of confidentiality under this chapter, if a mediation partially resolves a dispute, mediation ends when either of the following conditions is satisfied:
(1) The parties execute a written settlement agreement that partially resolves
(2) An oral agreement that partially resolves the dispute is reached in accordance with Section 1118.
(c) This section does not preclude a party from ending a mediation without reaching an agreement. This section does not otherwise affect the extent to which a party may terminate a mediation.
§1126. Anything said, any admission made, or any writing that is inadmissible, protected from disclosure, and confidential under this chapter before a mediation ends, shall remain inadmissible, protected from disclosure, and confidential to the same extent after the mediation ends.
§1127. If a person subpoenas or otherwise seeks to compel a mediator to testify or produce a writing, as defined in Section 250, and the court or other adjudicative body determines that the testimony or writing is inadmissible under this chapter, or protected from disclosure under this chapter, the court or adjudicative body making the determination shall award reasonable attorney's fees and costs to the mediator against the person seeking the testimony or writing.
§1128. Any reference to a mediation during any subsequent trial is an irregularity in the proceedings of the trial for the purposes of Section 657 of the Code of Civil Procedure. Any reference to a mediation during any other subsequent noncriminal proceeding is grounds for vacating or modifying the decision in that proceeding, in whole or in part, and granting a new or further hearing on all or part of the issues, if the reference materially affected the substantial rights of the party requesting relief.
§703.5. Judges, arbitrators or mediators as witnesses; subsequent civil proceeding.
No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civil proceedings, as to any statement, conduct, decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to a statement or conduct that could (a) give rise to civil or criminal contempt, (b) constitute a crime, (c) be the subject of investigation by the State Bar or Commission on Judicial Performance, or (d) give rise to disqualification proceedings under paragraph (1) or (6) of subdivision (a) of Section 170.1 of the Code of Civil Procedure. However, this section does not apply to a mediator with regard to any mediation under Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code.
FREQUENTLY ASKED QUESTIONS
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