Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including our Privacy Policy) mean you accept those changes.
Restrictions on use of materials
This site is owned and operated by National Arbitration & Mediation, LLC (referred to as “NAM,” “we,” “us,” or “our” herein). No graphics, text, images, reports, documents, data, information or other materials (collectively, “Materials”) from or accessible through this site or any web site owned, operated, licensed, or controlled by NAM (“NAM Site”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Materials on any single computer, for your internal business purposes only and not for any commercial use, provided you keep intact all copyright, trademark and other proprietary notices. Modification or use of the Materials for any other purpose other than as expressly permitted by these Terms and Conditions of Use or in a NAM Site is a violation of copyrights and other proprietary rights owned by NAM and its suppliers. For purposes of these terms, the use of any Material on any site or networked computer environment not owned, operated, licensed, or controlled by NAM is prohibited. All trademarks, service marks, and trade names that appear within the Materials are the respective property of NAM and its suppliers and may not be used for any purpose whatsoever.
Subject to the foregoing, in the event you download software from any NAM Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by NAM solely for your internal business purposes and not for any commercial use. Such download does not transfer title to the Software to you. You own the medium on which the Software is recorded, but NAM and its suppliers retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Public Communication
You shall not upload to, distribute through, or otherwise publish through NAM any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. Visitors to this site shall remain solely responsible for the content of their messages.
You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other NAM guests to join or become members of any commercial online service or other organization is expressly prohibited.
By uploading or submitting any Materials to us (except personally identifiable information), you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such Materials or incorporate such Materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those Materials have been waived.
Juridictional Issues
Unless otherwise specified, Materials are presented solely for the purpose of promoting services available in the United States and its territories, possessions, and protectorates. The NAM Sites are controlled and operated by NAM from its offices in the State of New York, U.S. NAM makes no representation that Materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software is further subject to U.S. export controls. No Software may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Termination
These Terms and Conditions of Use are effective until terminated by NAM. These Terms and Conditions of Use will terminate immediately upon notice (oral, written, or electronic) from NAM if in its sole discretion you fail to comply with any term or provision hereof. Upon termination, you must destroy all Materials obtained from any and all NAM Sites and all copies thereof, whether made under these Terms and Conditions of Use or otherwise.
Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NAM, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NAM NOR ANY OF ITS SUPPLIERS WARRANTS THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NAM SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER NAM NOR ANY OF ITS SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN ANY NAM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NAM OR ANY OF ITS SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Further, NAM, on its own behalf and on behalf of its suppliers, explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from NAM from third parties not associated with NAM. NAM encourages discretion when browsing the Internet using our or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that you may deem inappropriate or offensive, NAM cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
NAM cannot ensure that you will be satisfied with any products, services or information available from any third-party site that links to or from NAM, since other sites are owned and operated by independent third parties. NAM does not endorse any products or services nor has NAM taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. NAM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL NAM OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF NAM, A SUPPLIER TO NAM OR A REPRESENTATIVE OF EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NAM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Notice and procedure for making claims of copyright infrigement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to NAM’s Designated Agent for Claims of Copyright Infringement at: [email protected] or by writing to the following address:
NAM (National Arbitration and Mediation)
Attention: SVP of Finance and Operations
990 Stewart Avenue
Garden City, NY 11530
Other
These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as posted by us on this site.