Terms & Conditions

1. The consumer participating in the MARS “Shop with Confidence” Online Dispute Resolution Process, in either filing or responding to a claim, agrees to put forth their best efforts in trying to settle the dispute in a fair and equitable manner.

2. The consumer agrees to pay a $10.00 filing fee when filing a claim against the merchant.

3. The consumer participating in the MARS “Shop with Confidence” Online Dispute Resolution Process agrees that the outcome, either by agreement or decision, shall be binding on the merchant and be enforceable in any court of competent jurisdiction.

Participation in this program is VOLUNTARY. If, for any reason, you do not agree with the decision, you have the option to pursue other remedies in order to resolve the problem or dispute.

5. The outcome, either by agreement or decision, coming from the MARS “Shop with Confidence” Online Dispute Resolution Process shall be reduced to writing and acknowledged by both parties to the settlement of the dispute.

6. A monetary award resulting from the resolution of the dispute shall be paid in certified funds within 10 days of the date of the award. Replacement of merchandise or services will take place within 10 days of the date of the award.

7. Nothing stated on the MARS Website, or by MARS or by any independent negotiators, mediators or arbitrators shall be considered an offer to be accepted by any party, unless and until such party and MARS acknowledged a Negotiation, Mediation and/or Arbitration agreement. MARS and its independent negotiators, mediators or arbitrators may refrain from acting as negotiator, mediator or arbitrator for any party for any reason, including any perceived conflict of interest, schedule conflict, nonpayment, non-cooperation, or otherwise.

8. Nothing stated on the MARS Website, or by MARS, or by any independent negotiators, mediators or arbitrators shall be considered or construed as legal advice or to create any attorney-client relationship, whether or not any independent negotiator, mediator or arbitrator is an attorney or not. The information provided by this Website is general and not intended to be applicable to any specific situation. Legal advice involves consideration of the specific facts of a particular case applied to frequent changes and varying applications of the law.

9. Any party participating in may retain separate legal counsel to render legal advice or services directly to such party. If, in the opinion of MARS or the independent negotiators, mediators or arbitrators, a legal issue arises involving one or more of the parties, the negotiator, mediator or arbitrator may, but is under no obligation to, recommend that such party or parties retain separate legal counsel directly.

10. Neither MARS nor any independent negotiators, mediators or arbitrators shall be liable to any party for any act or omission relating to a negotiation, mediation or arbitration. No settlement or other result is guaranteed. MARS and the independent negotiators, mediators or arbitrators pledge to use their best efforts to resolve the dispute(s) between the parties. Settlement is dependent solely upon the meeting of the minds of the parties to the dispute.

11. Neither MARS or any independent negotiators, mediators or arbitrators shall be a necessary party to any legal proceeding(s) relating to a negotiation, mediation or arbitration. The parties agree to oppose any efforts to make MARS or any independent negotiators, mediators or arbitrators a witness in any legal proceeding relating to a negotiation, mediation or arbitration. Both MARS and the independent negotiators, mediators or arbitrators shall be disqualified as witnesses in any legal proceeding relating to a negotiation, mediation or arbitration.

12. Both MARS and the independent negotiators, mediators or arbitrators shall be disqualified as an attorney, expert, or consultant in any legal proceeding relating to a negotiation, mediation or arbitration.

13. MARS endeavors to offer current and accurate information on the MARS Website. Possible inadvertent delays and errors in the maintenance and preparation of this Website have or may occur; therefore, any use of information from this Website is solely at the user’s risk.

14. The services provided on the MARS Website are void where prohibited. Although this Website is available to all persons in all geographic locations and political jurisdictions. MARS and the independent negotiators, mediators or arbitrators reserve the right to limit the provisions of its/their services to any person, or within any geographic location or political jurisdiction.

15. Certain links to and from the MARS Website lead to information and resources maintained by third parties over whom MARS has no authority or control. MARS and its the independent negotiators, mediators or arbitrators make no representation regarding, and have no responsibility for, the information or resources contained in any other Website.

17. Force Majeure: MARS shall not be held responsible or liable for acts of God, flood, extraordinary weather conditions, earthquake, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction which is beyond the reasonable control of the company.