Terms and Conditions

Terms and Conditions

Rizzo & Diersen, S.C.

Terms and Conditions

Rizzo & Diersen S.C. provides the website Ticketdisputer.com to you (“You” or “Your”) subject to these Terms and Conditions (“Terms”) and subject to Rizzo & Diersen S.C.’s other policies, including our Privacy Policy and Cookie Policy, incorporated herein by reference. Rizzo & Diersen S.C. may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. By continuing to access or use Ticketdisputer.com, You accept any changes or revisions to the Terms.

You accept these Terms by accessing or using Ticketdisputer.com in any manner, even if You do not create an Account with Ticketdisputer.com. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement.

The Application, site, and services comprise an online platform through which Users may submit their traffic tickets to be disputed by an attorney.

References to “Rizzo & Diersen S.C.,” “You,” and the “Parties” in these terms include (where appropriate) our respective subsidiaries, parent companies, members, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided by Rizzo & Diersen S.C.. References to the “Application” refer to the Rizzo & Diersen S.C. web portal and user experience.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE TICKETDISPUTER.COM

  1. Accounts and Logins
    1. You represent and warrant that all information You provide in connection with the creation of an account with Ticketdisputer.com (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.
    2. You represent and warrant that all information that You upload to Ticketdisputer.com (“Account”) is accurate and true to the best of your knowledge. You agree that, if You should learn that any information you have uploaded is inaccurate, You will update Your Account to maintain accurate information.
    3. In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.
    4. If You believe that a third-party has gained access to Your Account, You agree to notify Rizzo & Diersen S.C. by sending an email to legal@Ticketdisputer.com. Rizzo & Diersen S.C. reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated Rizzo & Diersen S.C. has no obligation to retain any data associated with Your Account.
    5. Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
  2. License to Use Ticketdisputer.com
    1. License to Use by Users. Rizzo & Diersen S.C. hereby grants You a limited, terminable, non-exclusive right to access and use the Sites only for Your internal use. This authorizes You to upload material to the Sites solely for Your use directly related to your traffic ticket. You may not sell, transfer or assign any of the Services or Your rights to any of the material provided by Rizzo & Diersen S.C. to any third party without the express written authorization of Rizzo & Diersen S.C.. You agree that You are solely responsible for the content of any document You upload to Ticketdisputer.com and any consequences arising from such posting. Rizzo & Diersen S.C. reserves the right to suspend or terminate Your access and use at any time if Rizzo & Diersen S.C. determines that You are in breach of these Terms and Conditions.
    2. Other than connecting to Ticketdisputer.com by https request using a web browser, You may not attempt to access Rizzo & Diersen S.C.’s servers or Ticketdisputer.com by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the Rizzo & Diersen S.C.’s servers or Ticketdisputer.com. You may not use Ticketdisputer.com to compile data or images for use by any commercial entity.
    3. You agree not to disrupt, modify or interfere with Ticketdisputer.com, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of Ticketdisputer.com. You further agree not to alter or tamper with any information or materials on or associated with Ticketdisputer.com.
  3. Assignments
    1. Rizzo & Diersen S.C. may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.
  4. Communications from Rizzo & Diersen S.C.
    1. Once You create a Rizzo & Diersen S.C. account, You may receive transactional and relationship communications via email from Rizzo & Diersen S.C.. You consent and agree to receive these transactional and relationship communications via email when You create a Rizzo & Diersen S.C. account.
  5. Links to Other Websites
    1. You may find links to other Internet sites or resources on Rizzo & Diersen S.C. that offer content, goods, or services. You acknowledge and agree that Rizzo & Diersen S.C. has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
  6. Rizzo & Diersen S.C.’s Intellectual Property
    1. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
    2. Except as expressly authorized by Rizzo & Diersen S.C., You agree not to use Rizzo & Diersen S.C.’s mark or any mark confusingly similar to the RIZZO & DIERSEN S.C. mark. You agree not to reproduce, distribute, display or create derivative works of any part of Ticketdisputer.com or any information presented to You through Ticketdisputer.com, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on Ticketdisputer.com, framing content from Ticketdisputer.com, or creating any unauthorized derivative work.
    3. Rizzo & Diersen S.C. uses third-party trademarks on Ticketdisputer.com to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and Ticketdisputer.com.
  7. Data Security
    1. Rizzo & Diersen S.C. will take and implement appropriate technical and organizational measures to protect User data against accidental or unlawful destruction or accidental loss or alteration, or unauthorized disclosure or access, or other unauthorized processing. Rizzo & Diersen S.C. may update or modify the security measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Application. You agree that You are solely responsible for your use of the Services, including securing its account authentication credentials, and that Rizzo & Diersen S.C. has no obligation to protect User data that You elect to store or transfer outside of Rizzo & Diersen S.C.’s systems.
    2. Rizzo & Diersen S.C. will take appropriate steps to ensure compliance with the security measures by its employees, contractors and subprocessors to the extent applicable to their scope of performance.
    3. If Rizzo & Diersen S.C. becomes aware of a data breach, Rizzo & Diersen S.C. will promptly notify You of the data breach, and take reasonable steps to minimize harm and secure User data. Notification(s) of any data breach(s) will be delivered to the email address provided by You upon account creation. You acknowledges that You are solely responsible for ensuring that the contact information set forth above is current and valid. You agree that “data breaches” do not include: (i) unsuccessful access attempts or similar events that do not compromise the security or privacy of User data, including pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems; or (ii) accidental loss or disclosure of User data caused by Your use of the Application or Your loss of account authentication credentials. Rizzo & Diersen S.C.’s obligation to report or respond to a data breach under this section will not be construed as an acknowledgement by Rizzo & Diersen S.C. of any fault or liability with respect to the data breach.
  8. Intellectual Property Claims
    1. If You believe that Your copyright has been infringed in any way by Ticketdisputer.com, promptly provide notice to Rizzo & Diersen S.C. of the following information:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
      4. Information reasonably sufficient to permit Rizzo & Diersen S.C. to contact You, such as an address, telephone number and e-mail address;
      5. A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
      6. A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. The Designated Agent for Ticketdisputer.com is:Attorney Mick Sellergren
      Rizzo & Diersen S.C.
      3505 30th Avenue
      Kenosha, WI 53144
    3. If You believe that Your other intellectual property rights have been infringed in any way by Ticketdisputer.com, please provide a detailed description of the alleged infringement for further investigation via e-mail to legal@Ticketdisputer.com. Rizzo & Diersen S.C.’s receiving, investigating, or responding to Your e-mail shall not constitute Rizzo & Diersen S.C.’s agreement or verification of Your claim(s) nor any admission of liability therefor. Rizzo & Diersen S.C. makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.
  9. Notification
    1. Any notices to be given to Rizzo & Diersen S.C. under these Terms shall be made in writing to legal@Ticketdisputer.com or to the following address:Attorney Mick Sellergren
      Rizzo & Diersen S.C.
      3505 30th Avenue
      Kenosha, WI 53144
    2. You agree that Rizzo & Diersen S.C. can send You electronic notices to the e-mail address that You provided to Rizzo & Diersen S.C. in creating Your Account or by displaying the notice on Ticketdisputer.com. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
  10. Warranty
    1. You use Ticketdisputer.com at Your sole risk (including but not limited to any damage to Your computer system, loss of data, damage resulting from reliance on information from Ticketdisputer.com, or other damages that result from obtaining any content from the website including computer viruses) even if Rizzo & Diersen S.C. has been advised of or is aware of the risk of such damage. to the extent permitted by law, Rizzo & Diersen S.C. provides Ticketdisputer.com, the services, the information and the content “as is,” “as available,” and “with all faults,” without warranty of any kind, and Rizzo & Diersen S.C. specifically disclaims all warranties and conditions, express or implied, including but not limited to the implied warranties and/or conditions of merchantability, fitness for a particular purpose, or noninfringement.
    2. Rizzo & Diersen S.C. makes no warranty, representation, covenant, or guarantee whatsoever, express or implied:
      1. that com will operate uninterrupted or error-free;
      2. that com, the services, the information, or the content will meet Your needs or expectations;
  11. Limitation of Liability
    1. To the extent permitted by law, Rizzo & Diersen S.C. shall have no liability, relating to Your use of (or connection to) Ticketdisputer.com, for:
      1. consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such;
      2. loss of business, profits, business information, or business interruption, or any other pecuniary loss; or
      3. for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
    2. Rizzo & Diersen S.C. reserves the right, at any time, in Rizzo & Diersen S.C.’s sole and exclusive discretion, to amend, modify, suspend, or terminate Ticketdisputer.com, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Rizzo & Diersen S.C. shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.
  12. Indemnification
    1. You agree to defend, indemnify, and hold Rizzo & Diersen S.C., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of Ticketdisputer.com.
    2. Rizzo & Diersen S.C. reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Rizzo & Diersen S.C.. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Rizzo & Diersen S.C..
  13. Choice of Law and Venue
    1. If You are a citizen or resident of the United States, the law of the state of Your residence governs this contract and any claim or dispute that You may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of Wisconsin shall apply.
    2. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
    3. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Kenosha County, Wisconsin.
  14. Agreement to Arbitrate
    These Terms require that disputes between the Parties be resolved by binding arbitration rather than by jury trials or class actions and limit Your remedies in the event of a dispute. Please read this carefully. It affects Your rights.

    1. Disputes Subject to Arbitration. Rizzo & Diersen S.C. and You agree to arbitrate all disputes and claims between us, including, but not limited to:
      1. 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;
      2. claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and
      3. claims that may arise after the termination of this agreement.
    2. Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other customers.
    3. Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (19)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.
    4. Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Rizzo & Diersen S.C. should be addressed to: Rizzo & Diersen S.C., 3505 30th Avenue, Kenosha, WI 53144 (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If Rizzo & Diersen S.C. and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or Rizzo & Diersen S.C. may commence an arbitration proceeding with the American Arbitration Association (“AAA”).
    5. Costs of Arbitration. Rizzo & Diersen S.C. will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if you initiate an arbitration in accordance with the notice requirements of paragraph (18)(b) and are seeking relief valued at $300 or less (both to You and us), Rizzo & Diersen S.C. will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, Rizzo & Diersen S.C. will pay all such fees in excess of $20. After Rizzo & Diersen S.C. receives notice at the Notice Address that You have commenced such an arbitration, Rizzo & Diersen S.C. will promptly reimburse you for any portion of the filing fee that you paid that Rizzo & Diersen S.C. has agreed to pay.
    6. 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 AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.
    7. Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.
    8. Unless Rizzo & Diersen S.C. and You agree otherwise, any arbitration hearings will take place in Kenosha County, Wisconsin. If you bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
    9. Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.
    10. Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.
    11. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws Rizzo & Diersen S.C. may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Rizzo & Diersen S.C. agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
    12. Prohibition of Class or Representative Actions and Non-Individualized Relief. YOU AND RIZZO & DIERSEN S.C. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and Rizzo & Diersen S.C. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other Rizzo & Diersen S.C. users. Neither You nor we may seek non-individualized relief that would affect other Rizzo & Diersen S.C. users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
    13. Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if Rizzo & Diersen S.C. makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
  15. Entire Agreement
    1. These Terms and any Rizzo & Diersen S.C. policies posted on Ticketdisputer.com constitute the entire contract between You and Rizzo & Diersen S.C. and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce any term of the Terms shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

Last Updated: February 20, 2018