Last Updated: November 1, 2022

Please read the following Terms of Use Agreement (“Terms of Use”) carefully as it constitutes a legally binding agreement between you (“You”, “Your”) and the American Arbitration Association-International Centre for Dispute Resolution Foundation, Inc. (“the Foundation”, “we”, “us”, or “our”). This website located at https://www.aaaicdrfoundation.org/ (including all other pages under such second-level domain name, collectively, the "Portal") is provided by the Foundation subject to these terms of use, the Privacy Policy, any additional terms and conditions that we provide to you, including in connection with your use of other products and services we may offer or make available to you (“Additional Terms”), all of which are incorporated herein by reference. By using this Portal, You and other users and visitors (together with You, the "Visitors"), are deemed to have agreed to these Terms of Use. Any capitalized terms that are not defined in these Terms of Use shall have the meanings ascribed in the Privacy Policy and Additional Terms, as applicable. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms govern with respect to your access to or use of the applicable service(s).

Internet Access

You acknowledge and agree that in connection with Your use of the Portal, You must: (a) provide for Your own access to the Internet and pay any costs, expenses, and/or service fees associated with such access; and (b) provide all equipment necessary for You to make such access and connection to the Internet, including a computer, software and a means of connecting to or accessing the Internet. The Foundation shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from Your use of the Portal.

Portal Content

This Portal contains content, including but not limited to that which is protected by trademarks, service marks, trade names, copyrights, and other intellectual property rights owned by the Foundation and others ("Portal Content"). As between You and the Foundation, the Foundation is the sole owner of all rights, title, and interest in and to Portal Content. Except as otherwise expressly provided herein, Your use of the Portal does not grant You a license to any Portal Content. You may not download, archive, or save a copy of the Portal for any purpose, except You may download, print or make copies of individual screens and documents appearing as part of the Portal solely for Your internal business purposes, provided that any marks, logos or other legends that appear on such screens and documents remain on, and are not removed from the downloaded, printed or stored screens or documents. Except as expressly permitted in these Terms of Use, You may not modify, copy, publish, translate, display, transmit, distribute, transfer, frame, adapt, create derivative works from, or in any way exploit the Portal Content. You may not allow access to or use of the Portal, or any portion thereof, by or for the benefit of any third parties including, without limitation, providing timeshare services, service bureau services, outsourcing, or consulting services. Any commercial exploitation of the Portal is strictly prohibited.

Linked Sites

You may be able to link to or access third parties' websites or platforms ("Linked Sites") from or in connection with the Portal. Linked Sites are not necessarily reviewed, controlled, or examined by the Foundation in any way and the Foundation is not responsible for the content, availability, advertising, products, or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply the Foundation's endorsement of or association with the Linked Sites.

Accounts

In order to access and use certain features and functionality of the Portal, You may be required to (a) register an account with a username and password combination through the Portal, a third-party platform, or Linked Site; and/or (b) provide to us and/or make available certain additional information, which may include your email address, legal name, country of residence, location, date of birth, and other information. You represent and warrant that all registration and account information submitted and/or made available by You is complete and accurate and that it will be maintained and promptly updated to ensure its accuracy.

Further, You agree to maintain the strict confidentiality of Your account credentials (e.g. username, password, and other information allowing for the access to the account) and shall be responsible and liable for any access to or use of the Portal or Linked Sites through Your account, whether the use or access is made directly by You or by any third party using Your credentials, whether or not such access or use has been authorized by You. You agree to immediately notify the Foundation of any unauthorized use of Your credentials or account, or any other breach of security discovered through the use of the Portal.

We may terminate any user account and/or otherwise prevent or prohibit you or any Visitor from accessing the Portal at any time at our sole discretion for any or no reason, including if, in our opinion, you or the applicable Visitor has violated any provision of these Terms of Use. If you discover another Visitor using the Portal in a manner contrary to these Terms of Use please contact: contact@aaaicdrfoundation.org.

Disclaimer of Warranties

THIS PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE FOUNDATION SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES, AND THE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION ON THE PORTAL SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND CONSULT OF A LICENSED ATTORNEY.

Limitation of Liability

IN NO EVENT SHALL THE FOUNDATION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE PORTAL, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF THE FOUNDATION OR SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN VISITORS. IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE FOUNDATION TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND USE OR YOUR USE OF THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES, EXCEED, IN THE AGGREGATE, THE AMOUNT OF PORTAL USE FEES, IF ANY, PAID BY YOU TO THE FOUNDATION TO USE THE PORTAL.

Maintenance of the Portal

The Foundation may, at any time, terminate, temporarily limit or suspend in whole or in part, a Visitor's access to the Portal at any time at our sole discretion for any or no reason, including if, in our opinion, such Visitor is in breach of these Terms of Use. The Foundation may, with respect to any or all Visitors, change, add or remove any of the services or features available on the Portal, or may discontinue the Portal as a whole, at any time. The Foundation shall not be responsible for any modification, suspension, unavailability, or discontinuance of the Portal or any of the services or features offered via the Portal.

Additional Restrictions

You agree that You will not: (a) use the Portal, or any part thereof, to "stalk" or harm any other Visitor or any other person in any way; (b) impersonate any person or entity, including but not limited to a Foundation donor officer, director, or representative, or falsely state or otherwise misrepresent Your identity or affiliation with a person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any donation, application, or other content You transmit on or through the Portal; (d) interfere with or disrupt the Portal or servers or networks connected to the Portal, or the use thereof, or disobey any applicable requirements, procedures, policies or regulations of networks connected to the Portal; (e) harvest, collect or store information about the Visitors of this Portal or any Portal Content, or use such information for any purpose inconsistent with the purpose of this Portal; (f) breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Portal or that of any third party that is hosting or interfacing with any part of the Portal; or (g) create any frames at any other websites containing or incorporating the Portal or any Portal Content.

Visitor Warranties

You represent and warrant that (a) You are at least eighteen (18) years of age; (b) You have not previously been suspended or removed from the Portal; and (c) Your use of the Portal shall be in accordance with these Terms of Use and all applicable laws, statutes, rules, regulations, ordinances, and policies of all applicable worldwide jurisdictions.

Visitor Indemnification

By agreeing to use the Portal, You agree to defend, indemnify and hold the Foundation, its parent company, and its affiliates, and each of their respective successors, assigns, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Portal, Portal Content, any violation of these Terms of Use by You, or any content or information You post on or through the Portal. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and all negotiation for its settlement or compromise (as applicable), and in each such case, You agree to fully cooperate with us upon our request.

Copyright Agent

We respect the intellectual property rights of others and require that Visitors of the Portal do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and e-mail address; 
• A description of the copyrighted work that You claim has been infringed; 
• A description of where the alleged infringing material is located; 
• A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law; 
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and 
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf

Copyright Agent

Eric P. Tuchmann, Esq.
Office of the General Counsel
American Arbitration Association, Inc.
120 Broadway, 21st Floor
New York, NY 10271
Phone: (212) 716-5800
Fax: (646) 663-3074

Changes to Terms of Use

WE MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME AND AT ANY TIME, AT OUR SOLE DISCRETION. IF WE MAKE MATERIAL CHANGES TO THESE TERMS OF USE, WE WILL NOTIFY YOU BY POSTING OR DISPLAYING A NOTICE ON THE PORTAL AND/OR VIA OTHER ELECTRONIC MEANS. THE FORM OF SUCH NOTICE IS AT OUR DISCRETION. ALL SUCH CHANGES TO THESE TERMS OF USE WILL APPEAR ON THIS PAGE OF THE PORTAL. WE ENCOURAGE YOU TO CHECK FOR CHANGES TO THESE TERMS OF USE REGULARLY. BY USING THE PORTAL FOLLOWING ANY MODIFICATIONS TO THESE TERMS OF USE, YOU AGREE TO BE BOUND BY ANY SUCH MODIFICATIONS TO THESE TERMS OF USE.

Applicable Laws/Jurisdiction

We control and operate this Portal from our offices in the United States of America. Materials on the Portal may not be appropriate or available for use in other locations. Persons who choose to access this Portal from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law

These Terms of Use and the relationship between You and the Foundation shall be governed and interpreted in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction over all disputes hereunder and venue in the federal and state courts in the State of New York located in New York County.

Miscellaneous

These Terms of Use, the Privacy Policy, and any Additional Terms are the entire understanding and agreement between You and the Foundation concerning the Portal and supersedes any and all prior or inconsistent understandings relating to the Portal and your use thereof. The failure of the Foundation to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Any provision of these Terms of Use that must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Portal, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).