Terms of use.

1. Agreement to these Terms

These Terms of Use (the “Terms”) govern your access to and use of the Discrimination Navigator website, application, charge wizard, deadline calculator, kits, sample charges, library, guides, and any other products, content, tools, or services we make available (together, the “Services”).

These Terms are between you and Jenkins & West Lindsey Street LLC (“JWLS,” “Discrimination Navigator,” “we,” “us,” or “our”), doing business as Discrimination Navigator.

By accessing or using the Services, creating an account, or completing a purchase, you agree to be bound by these Terms and by our Privacy Policy, Refund Policy, and Disclaimers, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

2. What we provide

Discrimination Navigator is an educational platform. We provide self-service tools, document templates, and educational resources that help employees understand their rights under federal anti-discrimination laws and prepare their own documentation for the U.S. Equal Employment Opportunity Commission (EEOC).

We provide information and tools. We do not provide legal services. That distinction is described in Section 3 and in our Disclaimers.

3. Not legal advice, and no attorney-client relationship

Discrimination Navigator is not a law firm and does not provide legal advice. Your use of the Services does not create an attorney-client relationship.

All content and tools are for general educational and informational purposes only. They are not a substitute for advice from a licensed attorney who has reviewed the specific facts of your situation. You are responsible for your own decisions and for any document you create or submit.

You are the author and the filer of your own charge. Discrimination Navigator never selects a legal basis for you, never writes your account of what happened, and never files anything on your behalf.

4. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services you represent that you meet these requirements and that the information you provide is accurate and complete.

5. Accounts

Some features require an account. Sign-in is passwordless: we email you a link. You agree to provide accurate information, keep it current, and keep access to your email secure, since anyone who can reach your inbox can use that link. You are responsible for activity under your account. Tell us promptly at contact@discriminationnavigator.com if you believe your account has been used without your authorization.

6. Purchases, pricing, and payment

Prices are listed at the point of sale and may change at any time. Payments are processed by our third-party payment processor, Stripe. By completing a purchase you authorize us and Stripe to charge your selected payment method for the total amount, including any applicable taxes, and you represent that you are authorized to use that payment method. Where required, applicable sales tax will be added based on your location.

The Library Pass is available as a recurring monthly subscription or as a one-time lifetime purchase. A monthly subscription renews automatically until you cancel it. You may cancel at any time, and cancellation takes effect at the end of the current billing period.

7. Digital products: license and restrictions

Our products are digital. When you purchase a product we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use it for your own individual, non-commercial purposes in connection with your own situation.

You may not resell, redistribute, sublicense, share, or publicly post the products; share account access or downloaded materials with others; use the products to provide services to third parties; or remove any proprietary notices. The products are licensed, not sold.

8. Refunds

Our products are digital and are delivered immediately, so all sales are final except as set out in our Refund Policy. Please read the Refund Policy before making a purchase.

9. Intellectual property

The Services and all related content, software, text, templates, designs, graphics, logos, and the Discrimination Navigator name and marks are owned by or licensed to us and are protected by intellectual property laws. Except for the limited license granted in Section 7, nothing in these Terms transfers any ownership or right to you.

10. Your information and your submissions

When you use tools such as the charge wizard you enter personal and factual information. You retain ownership of everything you submit. You grant us a limited license to use, process, and store that information solely to provide the Services to you.

Your answers are stored exactly as you entered them and are never rewritten. When you sign a charge in the app we store an unaltered snapshot of what you signed and when. You are responsible for the accuracy of what you provide and for reviewing any document the Services help you create before you use or submit it. Our handling of personal information is described in the Privacy Policy.

11. Acceptable use

You agree not to use the Services for any unlawful purpose; misrepresent your identity or eligibility; interfere with or disrupt the Services or attempt to gain unauthorized access; scrape, harvest, or use automated means to access the Services; reverse engineer or attempt to derive source code; or use the Services in any way that could harm us, other users, or any third party.

12. Third-party services and links

The Services rely on and link to third parties, including our payment processor, our hosting and database providers, our email provider, and government agencies such as the EEOC. We do not control and are not responsible for third-party services, content, or websites. Your use of any third-party service is governed by that party's own terms.

13. Disclaimers of warranties

The Services are provided “as is” and “as available,” without warranties of any kind. To the fullest extent permitted by law we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, accurate, complete, or current, or that any particular outcome will result from using them. We make no guarantee about the outcome of any EEOC charge or any other proceeding.

14. Limitation of liability

To the fullest extent permitted by law, JWLS and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Services.

To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid us for the product giving rise to the claim in the twelve months before the claim arose, or (b) fifty U.S. dollars.

15. Indemnification

You agree to indemnify and hold harmless JWLS and its owners, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any law or the rights of any third party.

16. Dispute resolution (please read carefully)

This Section requires most disputes to be resolved through a step process ending in binding, individual arbitration, and it waives your right to a jury trial and to take part in a class action. You may opt out within 30 days under Section 16.5.

16.1 Step one: notice and an opportunity to cure

Before starting mediation or arbitration, the party raising a dispute must first send a written Notice of Dispute to the other party. Notices to us go to contact@discriminationnavigator.com. The notice must describe the nature of the dispute and the specific relief sought. The parties then have 30 days from receipt to try to resolve the dispute informally and to cure the issue.

16.2 Step two: mediation

If the dispute is not resolved within 30 days, the parties agree to take part in good faith in non-binding mediation before a mutually agreed mediator located in Harris County, Texas, or conducted by videoconference. Each party bears its own costs of mediation, and the parties share the mediator's fees equally.

16.3 Step three: binding arbitration

If the dispute is not resolved through mediation within 60 days after a written request to mediate, the dispute will be resolved by final and binding arbitration before a single neutral arbitrator, rather than in court, except as provided in Section 16.6. The parties will agree on an arbitration provider and the applicable rules. If they cannot agree within 30 days, either party may petition a court of competent jurisdiction in Harris County, Texas to appoint a neutral arbitrator. The arbitration will take place in Harris County, Texas, or by videoconference, and will be governed by the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.

16.4 Class action waiver

All disputes will be resolved only on an individual basis. You and JWLS each waive any right to bring or take part in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

16.5 Your right to opt out

You may opt out of this dispute resolution agreement (Sections 16.3 and 16.4) by sending written notice to contact@discriminationnavigator.com within 30 days of the date you first accept these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

16.6 Exceptions

Either party may bring an individual claim in small claims court if it qualifies, or seek injunctive or other equitable relief in a court located in Harris County, Texas to protect its intellectual property or confidential information.

17. Governing law and venue

These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Texas, without regard to its conflict of laws rules. Subject to Section 16, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of those courts.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes we will update the effective date and may give additional notice. Your continued use of the Services after the changes take effect means you accept the revised Terms. If you do not agree, stop using the Services.

19. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms or for any other reason. On termination your license to use the Services ends. Provisions that by their nature should survive termination, including Sections 7 through 17 and Section 20, will survive.

20. General

These Terms, together with the Privacy Policy, Refund Policy, and Disclaimers, are the entire agreement between you and us about the Services and supersede any prior agreements on that subject. If any provision is found unenforceable, the rest remain in effect and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them. We are not liable for delay or failure caused by events beyond our reasonable control. Headings are for convenience only.

21. Contact

Questions about these Terms: contact@discriminationnavigator.com.