Petition Limited Up to 10KCal. Super. - 6th Dist.November 20, 2020ADR-1 06 AiggfiEfifis?3TE§VfiH§IUT9g5%R§iv ?:??iififiiigbseéarngdédfl'tfiféBN 246285) m” COURTUSE °N” - Computerlaw Group LLP _ _ 401 Florence Street, Palo Alto, CA 94301 lectronlcally Flled TELEPHONE No.: (650) 327-9800 FAX No. (Optional): (650) 618-1863 b superlor court Of CA’ E_MAILADDREss (Optional): csargent@computerlaw.com ounty 0f santa Clara, ATTORNEY FOR (Name): Streamray Inc_ O 11/20/2020 2:02 PM SUPERIOR counT 0F CALIFORNIA, COUNTY 0F Santa Clara ev'ewed By: R' T'en STREETADDRESS: 191 N ISt Street case #20CV373860 MAILING ADDRESS: Envelope: 5339570 CITY AND ZIP CODE: San JOSG, CA 951 13 BRANCH NAME: Downtown Superior Court PETITIONER: Streaml‘ay Inc. RESPONDENT: Timothy Pape PETITION To m CONFIRM E CORRECT E VACATE CONTRACTUAL ARBITRATION AWARD Jurisdiction (check all that apply):E Action is a limited civil case Amount demanded m does not exceed $10,000E exceeds $10,000, but does not exceed $25,000 CASE NUMBER120CV373860E Action is an unlimited civil case (exceeds $25,000) W NOTICE: You may use this form to request that the court confirm, correct, or vacate an award in an arbitration conducted pursuant to an agreement between the parties that is subject to Code of Civil Procedure section 1285 et seq. and that does not involve an attorney-client fee dispute. If you are requesting court action after an attorney-client fee arbitration award, please read Alternative Dispute Resolution form ADR-1 05, Information Regarding Rights AfterAttorney-Client Fee Arbitration. 1. Petitioner and respondent. Petitioner (name each): Streamray Inc. alleges and requests relief against respondent (name each): Timothy Pape 2. Contractual arbitration. This petition requests the court to confirm, correct, or vacate an award in an arbitration conducted according to an agreement between the parties that is subject to Code of Civil Procedure section 1285 et seq. 3. Pending or new action. a. E A court case is already pending, and this is a petition filed in that action. (If so, proceed to item 4.) b. m This petition commences a new action. (If so, complete items 3b(1) through 3b(4).) (1) Petitioner's capacity. Each petitioner named in item 1 is an individual,E except petitioner (state name and complete one or more of the following): (a)m is a corporation qualified to do business in California. (b)E is an unincorporated entity (specify): (c) E is a representative (specify): (d)E is (specify other capacity): (2) Respondent's capacity. Each respondent named in item 1 is an individual,E except respondent (state name and complete one or more of the following): (a)E is a business organization, form unknown. (b)E is a corporation. (c) E is an unincorporated entity (specify): (d)E is a representative (specify): (e)E is (specify other capacity): Page 1 of 3 Foil;égfigzfiggfig?gtaififnoilmgse PETITION TO CONFIRM, CORRECT, OR VACATE Code of Civil Procedure, § 1285 et seq. ADR-106 [New January 1. 2004] CONTRACTUAL ARBITRATION AWARD (Alternative Dispute Resolution) RESPONDENT: Timothy Pape PETITIONER: Streamray Inc. CASE NUMBER; 1 1 10024275 9. 3. b. (3) Amount or property in dispute. This petition involves a dispute over (check and complete all that apply): (a)m the following amount of money (specify amount): $ 4,016.00 (b)E property (if the dispute involves property, complete both of the following): (i) consisting of (identify property in dispute): (ii) having a value of (specify value ofproperty in dispute): $ (4)m Venue. This court is the proper court because (check (a) or (b)): (a) m this is the court in the county in which the arbitration was held. (b) E the arbitration was not held exclusively in any county of California, or was held outside of California, and (check one or more of the following): (i) E this is the court in the county where the agreement was made. (ii) E this is the court in the county where the agreement is to be performed. (iii) E the agreement does not specify a county where it is to be performed and was not made in any county in California, and the following party resides or has a place of business in this county (name of party): (iv) E the agreement does not specify a county where it is to be performed and was not made in any county in California, and no party to this action resides or has a place of business in California. . Agreement to arbitrate. a. Date. Petitioner and respondent entered into a written agreement on or about (date): September 9, 2018 b. m Attachment. A copy of the agreement is submitted as Attachment 4(b) and incorporated herein by this reference. c. Arbitration provision. Paragraph 24 of the agreement provides for arbitration of disputes arising out of the agreement as follows (either copy the arbitration provision in full or summarize the provision): Agreement t0 Arbitrate- Customers are required t0 register 0n line and t0 acknowledge the terms 0f service Which is a written document online with a very specific arbitration clause and an acknowledgement that California Law governs the contract terms. . Dispute subject to arbitration. A dispute arose between petitioner and respondent concerning the following matter covered by the agreement to arbitrate (summarize the dispute): Mr. Pape has breached his contractual obligation to pay for his use 0n the web site and has been unjustly enriched by receiving the services he bargained for and not paying for the same. Arbitrator. The following person was duly selected or appointed as arbitrator (name of each arbitrator): Jack Komar JAMS 160 W. Santa Clara Street Suite 1600 San Jose, CA, 95 1 13 ; Tel: 408-346-0764 Arbitration hearing. The arbitration hearing was conducted as follows (complete both of the following): a. Date (each date of arbitration): 1.14.2020; 1.15.2020 b. Location (city and state Where arbitration was conducted): San Jose, CA . Arbitration award. a. Date of award. The arbitration award was made on (date): 1.15.2020 b. Terms of award. The arbitration award (check one or more 0f the following): (1) m requires E petitioner m respondent to pay the other party this amount: $ 4,016.00 (2) E requires neither party to pay the other anything. (3) E is different as to different petitioners and respondents. (4) E provides (specify other terms or check item 8(0) and attach a copy of the award): C- m Attachment of Award. A copy of the award is submitted as Attachment 8(0). Service of award. a. The signed award or an accompanying document indicates that the award was served on petitioner on (date): 1.16.2020 b.E Petitioner alleges that a signed copy of the award was actually served on (date): ADR-106[NewJanuary 1,2004] PETITION To CONFIRM, CORRECT, 0R VACATE ”962°” CONTRACTUAL ARBITRATION AWARD (Alternative Dispute Resolution) PETITIONER: Streamray Inc. CAsE NUMBER: RESPONDENT: Timothy Pape 1 1 10024275 10. Petitioner requests that the court (check all that apply):am Confirm the award, and enter judgment according to it.DE Correct the award and enter judgment according to the corrected award, as follows: (1) The award should be corrected because (check all that apply): (a) E the amount of the award was not calculated correctly, or a person, thing, or property was not described correctly. (b) E the arbitrator exceeded his or her authority. (C) E the award is imperfect as a matter of form. (2) The facts supporting the grounds for correcting the award alleged in item 10b(1) are as follows (if additional space is required, check hereE and submit facts on an attachment labeled 10b(2)): (3) The award should be corrected as follows (if additional space is required, check hereE and describe requested correction on an attachment labeled 10b(3)): c.E Vacate (cancel) the award. (1) The award should be vacated because (check all that apply): (a) the award was obtained by corruption, fraud, or other unfair means. (b) an arbitrator was corrupt. (c) the misconduct 0f a neutral arbitrator substantially prejudiced petitioner's rights. (d) the arbitrator exceeded his or her authority, and the award cannot be fairly corrected. (e) the arbitrator unfairly refused to postpone the hearing or to hear evidence useful to settle the dispute. (f) an arbitrator failed to disclose within the time for disclosure a ground for disqualification of which the arbitrator was then aware. (g) an arbitrator should have disqualified himself or herself after petitioner made a demand to do so. (2) The facts supporting the rounds for vacating the award alleged in item 100(1) are as follows (if additional space is required, check herefl and submit facts on an attachment labeled 100(2)): D DUDDDD (3) Petitioner E does E does not request a new arbitration hearing. am Award petitioner interest from (date): 1.16.2020 (1)m at the statutory rate. (2)E at rate of_ °/o per year.e: Award petitioner costs of suit: (1)E in the amount of: $ (2)E according to proof. f.E Award petitioner attorney fees incurred in this action (check only if attorney fees are recoverable in this action according to statute or the parties' agreement): (1)E in the amountof: $ (2)E according to proof. 9-: Award petitioner the following other relief (describe relief requested; if additional space is required, check hereE and describe relief on an attachment labeled 109): 11. Pages and attachments. Number of pages attached: AttachmentS-Z-PageS-9 Date: 11.18.2020 . Ch ' t h S t Chrlstopher Sargent ’ / S / r l S Op e r argen (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER OR ATTORNEY) ADR-wetNeWJanuaw 1v 20041 PETITION To CONFIRM, CORRECT, 0R VACATE Pa9°3°f3 CONTRACTUAL ARBITRATION AWARD (Alternative Dispute Resolution) EXHIBIT A 5/23/201 9 Streamray- Free Sex Cams, Live Sex Chat 24/7 Q Username or Email Password Log InModels Online 627 New Models Videos v Interactive m .wvv _f Keep me \ogged m Forgot password? Terms of Use Last Updated September 18, 2018, Version 2.8 IMPORTANT LEGAL NOTICE. PLEASE READ THE FOLLOW‘NG TERMS OF USE ("TERMS") CAREFULLY. THESE TERMS GOVERN YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED THROUGH THE WEBSITEJTH ESE TERMS SET FORTH A BINDING AGREEMENT BETWEEN YOU AND STREAMRAY INCAOR IF IN THE EU, WIGHT ENTERPRISE LIMITED. 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You consent t0 this storage and authorize us to use your credit card number for future transactions on this Website 15. Termination. (a) We reserve the right to terminate 0r restrict your access t0 0r use 0f the Services, without notice 0r liability, for any or no reason whatsoever. In addition, we may terminate youl fl and any membership and/or subscription with us by sending notice t0 you at the email address you provided in your application for membership, 0r pursuant t0 Section 31 bel termination of these Terms you will not be entitled to any refund of any unused Subscription Fees or other prepaid amounts. All decisions regarding the termination of Account made by us in our sole discretion. We are not required, and may be prohibited, from disclosing t0 you the reason for termination of your Account, membership 0r subscription Privacy - Terms https://streamray.com/p/page.cgi?who=r_bXngO_c|ua/RnkGBQOLsEHTaaMnPhbmv72Ade7x/Jsvu890yZiF9K8$7cWWquPFKqtiNZQY1 006tQVt. .. 2/4 5/23/201 9 Streamray- Free Sex Cams, Live Sex Chat 24/7 (b) You may terminate your Account, membership and/or subscription with us at any time, and termination will be effective immediately upon receipt of notice in accordance with Section 31. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY AMOUNTS PREPAID BY YOU AND YOU WILL NOT RECEIVE ANY REFUND FOR ANY UNUSED DAYS OF ANY SUBSCRIPTION TERM. (c) Upon termination ofthese Terms for any reason, those provisions which, by their nature survive termination (including, but not limited to. Sections 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25. 26. 27, 28, 29, 30, 31, 32, 33, 34 and 35) shall survive termination in accordance with their respective terms‘ 16. Renewals. (a) In order to provide continuous service. we automatically renew all paid subscriptions for the Services on the day such subscriptions expire Such renewals shall be (i) for a period equivalent to the period of your initial subscription to the Services 0r a shorter period of time if specified, and (ii) in our discretion, at the price of the same or comparable Services then in effect. In addition. we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods t0 you upon confirmation 0f your subscription and in the body 0f any special promotions that have renewal periods of different duration than the original subscription term. By agreeing to these Termg you acknowledge that your Account will be subject to the above-described automatic renewals. 1n all cases, if you do not wish your Account to renew automatically, please go to the BILLING HISTORY PAGE and tum autoirenewal off. (b) Your non-termination or continued use of the Services reaffirms that we are authorized t0 charge your chosen payment provider. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right t0 seek payment directly from you‘ Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to, 0r otherwisejoined, the Services, 17. DMCA Notice. We strive to comply with the Digital Millennium Copyright Act 0f 1998, as amended ("DMCA"), at all times and maintain a repeat offender policy which may result in the termination of your right t0 use the Services if you violate such policy. If you believe that your work has been copied, posted 0r otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint. as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized t0 act 0n behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you Claim has been infringed (or, if multiple copyrighted works 0n a site are covered by a single complaint, a representative list 0f the allegedly infringing works on the site); (c) identification 0f the material that is claimed t0 be infringing and to be removed, and information reasonably sufficient t0 permit us to locate the material: (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and eimail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized t0 act on the copyright owner's behalf‘ Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to Subsidiary's DMCA Copyright Agent as follows: Streamray Inc. 910 E. Hamilton Ave, Sixth Floor. Campbell. CA 95008, USA Attn. Copyright Agent Email: copyrightagent®friendfindernetwork.c0m Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject t0 liability. If you believe that your material has been mistakenly removed 0r disabled pursuant t0 this Section 17, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above‘ Pursuant t0 Section 512(f) 0f the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. 18. Disclaimer of Warranties“ THE SERVICES ARE PROVIDED "A545" AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS OF USE FROM DISCLAIMING ANY IMPLIED WARRANTY. SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND IF NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) DAYS FROM FIRST USE OF THE SERVICES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERRORrFREE. 19. Limitation 0f Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT. CONSEQUENTIAL EXEMPLARY‘ INCIDENTAL. SPECIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE. OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS' OR MEMBERS‘ CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 9O DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 20. Indemnification. You agree to indemnify and hold us, our parent, subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss‘ liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due t0 0r arising out of your use 0f the Services 0r any breach 0r violation of these Terms. 21. U.S. Export Controls‘ Software and Content provided through the Services is subject to United States export controls. No software or Content from the Services may be downloaded or otherwise exported or reiexported (a) into (or to a national or resident of) Cuba, Iraq. Libya, North Korea, Iran, Syria, or any other country t0 which the U‘S. has embargoed goods; 0r (b) t0 anyone 0n the US. Treasury Department's list of Specially Designated Nationals 0r the U.S. Commerce Department‘s Table 0f Deny Orders. By downloading or using any such software 0r Content, you represent and warrant that you are not located in, under the control 0f, 0r a national or resident of any such country or 0n any such list 22. Choice of Law. These Terms shall be governed by the laws of the State 0f California, without regard to its conflict of laws rules or principles. lfyou are located in the EU, these Terms shall be governed by the laws of England and Wales. 23. Jurisdiction and Venue, You agree to exclusivejurisdiction in California and venue in Santa Clara County. California for all arbitration and other proceedings arising out of these Terms‘ EU residents only: In the event of a dispute with us jurisdiction and venue shall be in the courts of England and Wales. 24. Arbitration 0f Disputes. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT. TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUWTABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES PRINCIPALS. SUCCESSORS OR ASSLGNS ARISING FROM OR RELATING TO THESE TERMS. ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in Santa Clara County‘ California m the event such a JAMS proceeding is unavailable for any reason, such disputes shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (col‘ectively, "AAA Rules") of the American Arbitration Association ("AAA“), as modified by these Terms, and will be administered by the AAA before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section and Section 25 below are subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each 0f the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding wiH be limited so‘ely to the dispute 0r controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM, Nothing in this Section 24 shall be deemed t0 prohibit us from seeking an injunction 0r other equitable relief in amy court of competent jurisdiction to protect 0r preserve ours or our licensors‘ rights in and t0 intellectual property 0r confidential information This section does not apply t0 E.U‘ residents. 25. C1355 Action Waiver. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATWVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN ACLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM‘ 26. Electronic Communications. By using the Services you consent t0 receiving electronic communications, e‘g" email, from us or our subsidiaries and affiliated entities. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your membership. You agree that any notice, agreements, disclosures or other communications that we send t0 you electronically will satisfy any legal communication requirements. including but not limited to{ any requirements that such communications be in writing, 27. Severability. If any provision of this Agreement is held t0 be unenforceable under applicable law, such provision shall be excluded from this Agreement, and the balance 0f this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms. 28. Merger; Translations These Terms represent the entire understanding between the parties with respect to the subject matter hereof and supersede all previous unders‘mfihk written, oral 0r implied‘ Where we have provided you with a translation 0f the English language version of these Terms, then you agree that the translation is provided for your col only and that the English language versions of these Terms will govern your relationship with us. If there is any contradiction between what the English language version of these1 any translation. the English language version shall take precedence Privacy - Terms https://streamray.com/p/page.cgi?who=r_bXngO_c|ua/RnkGBQOLsEHTaaMnPhbmv72Ade7x/Jsvu890yZiF9K887cWWquPFKqtiNZQY1 006tQVt. .. 3/4 JAMS ARBITRATION CASE REFERENCE NO. 1110024275 Streamray Inc., Claimant(s), and Pape, Timothy, Respondent(s). AWARD Claimant Streamray, Inc. is an internet web site that provides live, audio/visual interactive access for members of the public with performers for a fee. Customers who wish to use the service and to interact with performers are required t0 register on line and to acknowledge the terms of service which is a written document on line with a very specific arbitration clause and an acknowledgement that California Law governs the contract terms. Each user is also required t0 lodge a credit card billing source for all charges t0 be made. Pursuant to the terms 0f the contract, this arbitration hearing was scheduled on written notice for January 14, 2020 at 9:00 a. m. The noticed hean'ng was specified in the notice to be conducted telephonically. THE HEARING On January 14, 2020 at 9:00 a.m., the arbitration hearing was conducted by telephone. Claimant Streamray, Inc., appeared by telephone, represented by Donna Ballou, Esquire. Timothy Pape failed t0 appear and also failed to file any opposition t0 the proceedings. Claimant Streamray, Inc., called the following witnesses who testified under oath: 0 David Bloom, Esquire, General Counsel; 0 Erica Solario, Claimant’s Risk Management and Fraud Investigator The evidence established that Timothy Pape registered to use the web site 0n 0r about September 9, 201 8 and acknowledged the terms of the contract. He also registered a Discover Credit card and proceeded to 10g on to the interactive web site multiple times between April 6, 2019 and May 6, 2019 using the name “tim1743 1 .” His registered credit card was charged for each use of the web site in accordance with the terms of the contract. On or about May 20, 2019, Respondent Pape filed a fraudulent use claim with Discover Card and requested 87 charge backs in the total amount of $2,276.00. Claimant issued a $26.00 credit but also was assessed from its account the sum of $2,250. Plus $1,740 in charge back fees from its bank. CONCLUSION AND AWARD By a preponderance of the evidence, it appears without any contradictory evidence that Timothy Pape used the Claimant’s web site and properly was assessed charges for each use. Timothy Pape used his credit card for all such charges which were properly assessed. The fraud dispute initiated by Timothy Pape was unwarranted and not supported by any evidence. A11 chargebacks assessed against Streamray, Inc and the additional assessments for the chargebacks were unwarranted and not supported by any evidence. A11 charges were properly incurred by Timothy Pape. Accordingly, Timothy Pape has breached his contractual obligation t0 pay for his use 0n the web site and has been unjustly enn'ched by receiving the services he bargained for and not paying for the same. Claimant Streamray, Inc. is awarded the sum of $4,016.00 against Timothy Pape plus its costs and fees IT IS SO ORDERED. Date: l» / 5” 9/30 HQAJ'7(WM/ .J ck Komar (Ret.) A rator SERVICE LIST Case Name; Streamra Inc. vs. Pa e Timoth Hear Type: Arbitration Reference #: 1110024275 Case Type; Business/Commercial Panelist: Komar, Jack , Diana L. Ballou FriendFinder Networks, Inc. Diana L. Ballou Claimant 1615 S Congress Avenue Phone: 561-900-3691 Suite 103 Delray Beach, FL 33445 dballou@ffn.com Assistant‘s Emails: cquesada@ffn.com Party Represented: Streamray Inc. Timothy Page Timothy Pape Respondent 37 Joans Ln. Fax: Berlin, NJ 08009 papetim@aol.com Party Represented: Timothy Pape 1/16/2020 Page I 0f] PROOF OF SERVICE BY EMAIL & U.S. MAIL Re: Streamray Inc. vs. Pape, Timothy Reference No. 1 1 10024275 I, Josephine Care, not a party to the within action, hereby declare that on January 16, 2020, I served the attached Award on the parties in the within action by Email and by depositing true copies thereof enclosed in sealed envelopes with postage thereon fully prepaid, in the United States Mail, at San Jose, CALIFORNLA, addressed as follows: Diana L. Ballou Esq. Mr. Timothy Pape FriendFinder Networks, Inc. 37 Joans Ln. 161 5 S Congress Avenue Berlin, NJ 08009 Suite 103 papetim@aol.com Delray Beach, FL 33445 Parties Represented: Phone: 561-900-3691 Timothy Pape dballou@ffn.com Parties Represented: Streamray Inc. I declare under penalty 0fperjury the foregoing t0 be true and correct. Executed at San Jose, CALIFORNIA on January 16, 2020. Josephine Care jcare@jamsadr.com