Terms of Use

American Arbitration Association-International Centre for Dispute Resolution Foundation, Inc.’s, (hereinafter referred to as “Foundation”) Portal Terms of Use.

Please Read the Following Terms of Use Carefully.

This Portal (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 and all modifications of either of the foregoing (collectively, the "Terms of Use"). By using this Portal, you ("You") and other users and visitors (together with You, the "Visitors"), are deemed to have agreed to these Terms of Use. 

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 World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for You to make such access and connection to the World Wide Web, 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 to 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 own 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 third parties' Web sites ("Linked Sites") from 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.

Privacy Policy 
We encourage You to read our [Privacy Policy], which is incorporated by reference into these Terms of Use.

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 WEB FILE, 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 Accounts, Portal and Online Services 
The Foundation may, at any time, temporarily limit or suspend in whole or in part, a Visitor's access to the Portal if such Visitor is in breach, or if the Foundation has reason to believe such Visitor is in breach, of these Terms of Use. The Foundation may 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 outages, technical failures or defects in the Portal, including but not limited to the Online Services.

Visitor Warranties
You represent and warrant that 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 affiliates, 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, any violation of these Terms of Use by You, or any Visitor Content You post on or through the Portal.

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 
THE FOUNDATION MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME AND AT ANY TIME, AND WITHOUT ACTUAL NOTICE TO YOU. 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 
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.

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