JAMS Access: Additional Terms of Service

Version Effective Date: February 15, 2021

These Additional Terms of Service (“ATOS”) apply to Your use of the JAMS’s state-of-the-art online Service, JAMS Access, which facilitates ADR case management via online document management and multi-party communication, and is located at https://access.jamsadr.com.  Any capitalized term not defined in the ATOS is defined in the Terms of Service found on the homepage of www.jamsadr.com (the “Site”).  The ATOS augments certain provisions in the Site Terms of Service, and in the event of any conflict between the Site Terms of Service and the ATOS, the ATOS shall prevail.

1. Use of JAMS Access.  In general, You, and not JAMS, are solely responsible for any information that you submit about a case (“Case Information”) through Your use of JAMS Access.  In most circumstances JAMS does not control the Case Information uploaded to JAMS Access, and as such, does not guarantee the accuracy, reliability or quality of such Case Information that is displayed or transmitted via Your use of JAMS Access.  In the ordinary course, JAMS will not be liable for Case Information, including personal information (“personal information” or “personal data”) as defined by applicable privacy and data protection laws, or any loss or damage thereto as a result of Your use or loss of use of Case Information uploaded, displayed or otherwise transmitted via JAMS Access.
2. Measures to Protect Case Information. Notwithstanding the foregoing, JAMS employs technical and organizational security measures in order to prevent unintended exfiltration destruction or loss of Case Information including personal data, provided that JAMS’s obligation to protect Case Information shall not apply to Case Information that was not required to be submitted to JAMS Access in relation to Your case, or that You should not have provided to JAMS Access.  In this regard, it is Your obligation to redact sensitive or critical information from your Case Information submissions if it is not required, including without limitation information relating to health records or financial or credit card information with respect to any person.  JAMS will not be liable if such unnecessary Case Information is divulged or destroyed by its act or omission, unless done with gross negligence or intentional misconduct.
3. Security Measures.  JAMS Access combines industry-leading hosted infrastructure and 100% internal and mostly proprietary application development to provide a secure and robust environment for Case Information and related document management and ADR case management.  JAMS leverages trusted partners to encrypt documents at rest in their document repository systems and hosting JAMS Access in a high-availability and secure environment. Major releases of JAMS Access and its software components undergo rigorous and independent third-party testing to continuously improve the application security in both the code base and the operational environment.
4. Security Incidents.  JAMS will deploy and follow policies and procedures to detect, respond to, and otherwise address any breach of security leading to the accidental or unlawful loss, unauthorized disclosure of, or access to client Case Information including personal data that is processed by JAMS (“Security Incident”).  Such policies and procedures for Security Incidents include procedures to (i) identify and respond to reasonably suspected or known Security Incidents, mitigate harmful effects of Security Incidents, document Security Incidents and their outcomes, and (ii) restore the availability or access to Case Information including personal data in a timely manner. JAMS agrees to provide prompt written notice without undue delay and within the time frame required under applicable data protection law(s) to You if it knows that a Security Incident has taken place that affects Your Case Information including personal data. Such notice will include all available details required under applicable data protection law(s) for You to comply with Your own notification obligations to regulatory authorities or individuals affected by the Security Incident.