Terms

StinkyList.com (hereafter referred to as “SL”) is an arbitration service which reviews the credibility of postings made on participating websites. SL is an independent third party arbitration service and is not subsidized, paid or otherwise supported by participating websites and receives no remuneration for findings for or against removing or maintaining postings on participating websites. By filing a complaint with SL, the Complainant agrees that the decision issued by SL will be binding on the Complainant and hereby agrees to abide by the decision of SL, as the sole and exclusive remedy regarding removal of offending materials on participating websites. SL’s review and acceptance of the complaint shall not constitute a guaranty of success to any level. The purpose of this Agreement is solely to determine whether or not the participating website should, in SL’s view, remove the offending material and is not intended to determine the legal rights or remedies of the parties with respect to any causes of action in tort or otherwise. Any findings by SL will become SL’s sole legal property and will not be maintained for evidentiary purposes for use by either party. All arbitration provided through SL shall be decided by binding nonappearance-based arbitration, relying solely on the documentation provided by each party. This means that all arbitration shall be conducted entirely based on written submissions, as directed by SL, and the arbitration shall not involve any personal appearance by the parties or witnesses.

In the event that SL, its agents, subsidiaries, or affiliates, are joined, subpoenaed, deposed, or otherwise required to appear, respond, or participate in any independent action, including but not limited to litigation, arbitration, or other action outside the services provided by SL, you hereby agree to indemnify and hold SL, its agents, subsidiaries, and affiliates, harmless for all fees and costs, including but not limited to all direct, incidental and consequential damages. This means that if SL, its agents, subsidiaries, or affiliates are involved any legal actions relating to the subject matter of your complaint and beyond the scope of this Agreement, you agree to pay all fees of attorneys, accountants and other professionals, as well as other costs and expenses incurred by SL.

The Service provided by SL includes the original removal of the challenged posting. In the event the same poster re-posts the identical post, containing the identical verbiage and content, on the same Social Media Website, SL will provide one additional removal of the posting at no charge. SL will notify the participating website that the post has been found to be unsubstantiated and should be removed based upon SL’s prior findings. However, in the event that (1) the same post or a new post is made by a different poster, (2) the same poster or a new poster provides additional information regarding the post and/or makes another post based on different facts, (3) the same poster or a new poster provides a new posting containing the same information but alters the verbiage, or (4) a third posting is made by the same poster with identical content, a new Complaint, with an additional administrative fee, would need to be filed in order to independently review the validity of the post.

Once you provide payment for SL’s Services, the arbitration process begins and no refunds, in whole or in part, will be issued. In the event the posting should be removed before the completion of the arbitration process, whether removal is voluntarily made by the Poster, or removed by the participating website, SL will not issue a refund.

In the event an ethical conflict arises during the arbitration process, causing SL to decline a case and/or withdraw from an existing arbitration matter, SL will refund the arbitration fee to the challenger.

These Terms of Service, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the services offered by SL, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the services offered by SL, its agents, subsidiaries or affiliates. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this website, through the registration process, or contained in other express agreements entered into between you and SL. In the event of an express conflict between these Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or any separate agreement entered into between you and SL, such additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or separate agreement shall control to the extent of such conflict. If any provision of these Terms of Service are found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then the court shall delete the offending provision. As so reformed or modified, the court shall fully enforce these Terms of Service. The captions and headings of this Agreement are included by reference only and will be disregarded in interpreting and construing this Agreement. The user hereby submits to the jurisdiction of the courts of Ohio, Eighth Judicial District, for all claims or actions arising from services provided by SL.

By engaging the services of SL, you expressly agree to all the Terms and Conditions set forth above. BY USING OR OTHERWISE ACCESSING THE SERVICES OF SL, PURCHASING ANY SERVICES OF SL, OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT. YOU FURTHER AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO SL CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND TIP.

Answer
Once a Complaint is filed, you will provide notification to the Poster of the challenged post and request proof of the validity of the post. The Poster will have 2 days to respond to the Complaint. The Poster bears the burden of proof in substantiating the validity of a challenged post and demonstrating that the post is not erroneous or maliciously motivated without cause.
If a Response is received, SL will review the evidence presented by the parties and issue a decision determining whether or not the post has been substantiated.
Failure to Respond
If a Response is not received, you will deem the Poster’s failure to respond to the Complaint as an admission that the Complaint is valid. Your company will notify the participating website that the posting is unsubstantiated and should be removed from the website.

Decision
The arbitrator’s decision will be provided to both parties, as well as the participating website. Once the participating website receives SL’s Decision, the website will have 2 days to contact the Poster and conduct an internal investigation of the validity of the posting. All participating websites have agreed to remove postings that are found to lack credibility or are otherwise found to be unsubstantiated by StinkyList.
All arbitration provided through SL’ shall be decided based solely on the written submissions of the parties and the arbitration shall not involve any personal appearances by the parties or witnesses.

100% Removal Rate on all postings found to be unsubstantiated.

How long will it take to remove my posting?
The arbitration process through StinkyList (“SL”) generally takes about two weeks. The actual amount of time necessary to resolve a dispute varies and depends upon the amount of time it takes to collect sufficient information upon which SL can make its findings, as well as the quality of the information collected.

What is arbitration?
Arbitration provides a forum for resolving disputes outside of the courts. Parties involved in a dispute agree to refer their dispute to a third party arbitrator, known as a “neutral,” and agree to be bound by the arbitrator’s decision. In reaching a decision, the arbitrator reviews the documents provided by the parties in support of their claim and reaches a decision on the merits of the parties’ claims.

Who is the arbitrator?
The arbitrator is an attorney specializing in alternative dispute resolution. To find out more about the arbitrator, please visit Us. http://stinkylist.com/

What does StinkyList do to protect my reputation?
SL reviews the credibility of postings made on participating websites to determine whether or not the posting should be audited for removal from the website as unsubstantiated.

How long does the Poster have to respond to my Complaint?
The Poster will have 2 days to respond to the Complaint. In addition, most websites will audit SL’s decision to confirm that the posting is unsubstantiated; this confirmation generally requires an additional period of time, generally 2 – 10 days.

What if a Poster does not respond to the Complaint?
If a Response is not received, Your company will deem the Poster’s failure to respond to the Complaint as an admission that the Complaint is valid and your company will notify the participating website that the posting is unsubstantiated and should be removed.

What happens if a response is received?
If a Response is received, SL will review the evidence presented by the parties and issue a decision determining whether or not the post has been substantiated.

What is the standard for determining if a post is unsubstantiated, erroneous, or maliciously motivated?
The Poster bears the burden of proof in substantiating the validity of a challenged post and demonstrating that the post is not erroneous or maliciously motivated without cause.

When do I get the arbitrator’s decision?
The arbitrator’s decision will be provided to both parties, as well as the participating website, within two weeks of the date the Complaint is filed with StinkyList, unless SL determines that additional documentation is required from either or both parties.

How do I know that post will be removed?
All participating websites have agreed to audit postings for removal from their website based on StinkyList finding that the posting lacks credibility or is otherwise unsubstantiated.

What does it mean to “audit” a posting for removal?
Your company is an independent arbitration agency and does not have the authority to direct owners of websites to remove offending posts. However, all participating websites have agreed to review postings that StinkyList finds lack credibility or are otherwise unsubstantiated and remove them from their websites based on internal verification of SL’s recommendation.

Filing a Complaint

StinkyList Board handles complaints relating to a arbitrator’s to practise arbitration service. StinkyList Board can take action where it is believed that a arbitrator or a lawyer has serious failings in his/her practice. The StinkyList Board acts in the public interest, and can impose fine or restrictions on a arbitrator or a lawyer registration or licence which would restrict or remove their right to practise arbitration service.

Anyone can make a complaint about a arbitrator or a lawyers who is registered at StinkyList Board. This includes members of the public, employers and other professionals. StinkyList Board can only take action where complaints are of a serious nature and raise concerns over a arbitrator or a lawyers to practise.

To check if a arbitrator or a lawyer is on our register please click here.

You may want to consider making your complaint locally in the first instance, to the arbitrator or lawyer directly or to the StinkyList Board . Most complaints can be dealt with locally at the place where you received service.