Terms and Conditions of Use


March 19, 2015
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This website, including all of its features and content ("Website") is a service made available by Dispute Management Services, LLC and National Arbitration Forum, Inc., or its affiliates ("Company") and all content, information, services and software provided on or through this Website ("Content") may be used solely under the following terms and conditions ("Terms and Conditions").
1. Website Limited License. As a user of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website and Content in accordance with these Terms and Conditions. Company may terminate this license at any time for any reason.
2. Limitations on Use; Third-Party Communications.
2.1. Limitations on Use. The Content on this Website is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing and to the extent this Website provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Website or the Content without Company's prior written permission. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above. You may not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited.
2.2. Third-Party Communications. Company disclaims all liability for any Third-Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications. As used herein, "Third-Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Website.
3. Not Legal Advice. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential except as specifically indicated on this Website. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Website or materials linked from this Website is at your own risk.
4. Intellectual Property Rights.
4.1 Except as expressly provided in these Terms and Conditions, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 
5. Linking to this Website. You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any advertisements, terms and conditions, copyright notice, and other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by Company, and (c) Company may deactivate any link(s) at its discretion.
6. Registration. Certain sections of this Website require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Company of any changes to that information. Each registration is for a single individual or entity only (as applicable), unless specifically designated otherwise on the registration page. Company does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Company immediately.
7. Errors and Corrections. Company does not represent or warrant that this Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Company does not warrant or represent that the Content or Postings available on or through this Website will be correct, accurate, timely, or otherwise reliable. Company may make improvements and/or changes to its features, functionality or Content or Postings at any time.
8. Third-Party Content. Third party content (including, without limitation, Postings) may appear on this Website or may be accessible via links from this Website. Company shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Company. Further, information and opinions provided by employees and agents of Company are not necessarily endorsed by Company and do not necessarily represent the beliefs and opinions of Company.
9. DISCLAIMER. THIS WEBSITE, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. COMPNAY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE CONTENT, OR THE POSTINGS.
10. LIMITATION OF LIABILITY. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, THE CONTENT, THE POSTINGS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY THIRD-PARTY COMMUNICATIONS. COMPANY  SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENT, THE POSTINGS, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COMPANY'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
11. Indemnification. You agree to indemnify, defend and hold Company, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to this Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you or arising from or related to any Postings uploaded or submitted by you.
12. Third-Party Rights. The provisions of paragraphs 9 (Disclaimer), 10 (Limitation of Liability), and 11 (Indemnification) are for the benefit of Company and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. Unlawful Activity; Termination of Access. Company reserves the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Company may discontinue any party’s participation in any of the Website’s features or functions at any time for any reason or no reason.
14. Remedies for Violations. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular internet address to this Website and any other Company web sites and their features.
15. Governing Law and Jurisdiction. The Terms and Conditions are governed by and construed in accordance with the laws of the State of Minnesota. Subject to Section 16 below, any action arising out of or relating to these terms shall be filed only in state or federal courts located in Minnesota and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
16. Arbitration. By accessing this Website and using the information therein available and/or by using or purchasing any products or services made available through this site, you agree with Company, website operators, Company service providers, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration under the FORUM Code of Procedure  (the "Code") in effect at the time the claim is filed, except the parties shall mutually select the single arbitrator who shall administer and conduct the arbitration. The Code is available at www.adrforum.com or can be obtained by calling 1-800-474-2371. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. Sections 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code.
17. Privacy. Your use of this Website is subject to Company's Privacy Policy . 
18. Additional Terms for Specific Services. Your use of specific Company services may also be governed by any terms and conditions which are provided in association with those services and/or during the registration process for those services, all of which are incorporated by reference herein (“Specific Terms of Use”). Your completion of any necessary registration process constitutes your acceptance of those Specific Terms of Use. If you do not agree with these Specific Terms of Use, you are not permitted to access the associated services.
19. Severability of Provisions. These Terms and Conditions incorporate by reference any notices contained on this Website, the Privacy Policy and any additional Specific Terms of Use for specific services and constitute the entire agreement with respect to access to and use of this Website, its Content and Postings. If any provision of these Terms and Conditions is unlawful, void or unenforceable, or conflicts with other Specific Terms of Use then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. 
20. Modifications to Terms and Conditions. Company reserves the right to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions. Continued use of this Website after any such changes constitutes your consent to such changes.
21. Contact. If you would like to communicate with Company regarding these Terms and Conditions or privacy issues, or have questions, comments or complaints about these policies, please forward such communication to info@adrforum.com, subject line: “Website Terms.”
Effective Date:  March 10, 2015