Dispute Resolution & Legal Policy
Effective Date: October 06, 2024
At OMS2 powered by Commonly, we are committed to maintaining a fair, transparent, and efficient platform for all users. This Dispute Resolution & Legal Policy outlines the process for resolving disputes between users, event creators, attendees, and the platform. It also explains the legal framework under which OMS2 operates and the rights and obligations of all parties involved.
1. Dispute Resolution Process
If a dispute arises between users (including event creators, attendees, and sponsors) or between a user and OMS2, we encourage all parties to resolve the issue through open and respectful communication. However, if a resolution cannot be reached, the following procedures apply:
- Step One: Contact Customer Support - Before escalating a dispute, please reach out to our support team at [Support Email] with a detailed explanation of the issue. Our team will investigate and attempt to resolve the matter within 5-7 business days.
- Step 2: Mediation - If the dispute cannot be resolved through customer support, the parties may agree to pursue mediation. Mediation is a voluntary process in which a neutral third-party mediator helps facilitate a resolution. Both parties must agree to mediation and share any associated costs.
- Step 3: Arbitration (Binding) - If mediation fails or is not pursued, any unresolved disputes will be submitted to binding arbitration. Arbitration is conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). Arbitration decisions are final and enforceable by law.
- Arbitration will take place in [Jurisdiction], and both parties will share the arbitration costs unless otherwise determined by the arbitrator
2. Types of Disputes Covered
This policy covers disputes related to:
- Event cancellations, refunds, and payment issues.
- Intellectual property rights claims.
- Alleged violations of user conduct policies.
- Disagreements over sponsorships, advertising, and referral program payouts.
- General disputes between users or between users and OMS2 related to the platform's services.
3. Exclusions from Dispute Resolution Process
The following issues are not subject to arbitration or mediation:
- Criminal activities or violations of local, state, or federal law.
- Fraudulent activities, in which case OMS2 reserves the right to report the incident to the appropriate legal authorities.
- Matters involving serious breaches of intellectual property law, which may require legal action.
4. Legal Compliance and Governing Law
By using OMS2, you agree that:
- Governing Law: This policy and any disputes arising from your use of the platform will be governed by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflict of law principles.
- Jurisdiction: Any legal action or proceeding related to this policy must be brought exclusively in the courts of the State of Illinois, USA, unless resolved through arbitration as outlined above.
5. Class Action Waiver
- By agreeing to this policy, you waive the right to participate in a class action lawsuit or class-wide arbitration against OMS2 or Commonly. Any dispute must be resolved on an individual basis, and no claims of others may be consolidated with your claim in arbitration.
6. Limitation of Liability
- OMS2 and Commonly will not be liable for any damages resulting from disputes between users, event cancellations, technical issues, or other matters unless caused by gross negligence or willful misconduct.
- The total liability of OMS2 for any claim arising out of or related to the use of the platform will not exceed the total amount of fees paid by the user to OMS2 during the three months preceding the claim.
7. Termination of Accounts for Disputes
- If a user repeatedly violates platform policies or is involved in multiple unresolved disputes, OMS2 reserves the right to terminate the user's account. This may include a permanent ban from using the platform or legal action if necessary.
8. Changes to This Policy
- OMS2 reserves the right to modify or update this Dispute Resolution & Legal Policy at any time. Changes will be effective immediately upon posting. Continued use of the platform following any changes constitutes your acceptance of the updated terms.
9. Contact Us
If you have any questions or concerns regarding this Dispute Resolution & Legal Policy, or need assistance resolving a dispute, please contact our legal team at:
We are committed to maintaining a fair and transparent platform for all users and will work with you to ensure any disputes are resolved efficiently and professionally.