TERMS AND CONDITIONS

Arbitratorintelligence.com is a website operated by Arbitrator Intelligence Inc. (“Arbitrator Intelligence”, “us”, “we” or “our”) featuring online content, applications, and other tools (individually and collectively, the “Website”). Thank you for visiting our Website to learn more about Arbitrator Intelligence!

It is important to us that you (“user” or “you”), and all visitors to our Website, have a positive experience while using our Website, and that when you use this Website you are fully aware of your legal rights and obligations. For that reason, we have created these Terms of Use (“Terms”) as the legally binding terms to govern your use of this Website and transactions entered into on it. Please read these Terms carefully before using our Website or making a purchase, because they affect your legal rights and obligations.

CONTENTS & SUMMARY

1. Acceptance of Terms

By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree with any of these Terms, please do not use this Website. We recommend that you print a copy of these Terms for future reference.

2. Other Terms May Apply to You

Some areas of this Website or activities on this Website may be subject to additional terms and conditions, which you should read carefully before making use of those areas. For example, our Privacy Policy also applies to your use of our Website. Such additional terms do not change or replace these Terms regarding any use of this Website, unless otherwise expressly stated.

3. Updates to Terms

Please note that these Terms may be revised and reissued by updating this page of our Website. Changes to the Terms will be effective when posted on our Website. You should visit this page regularly to review the current Terms. Your continued use of our Website will signify your acceptance of any revisions and explicit renewal of your consent.

4. How to Contact Arbitrator Intelligence

This Website is published, controlled and operated by Arbitrator Intelligence, located at Arbitrator Intelligence Inc., 19 Colonnade Way, Suite 117-125, State College PA – 16803. Please forward any comments or complaints about this Website to catherine.rogers@arbitratorintelligence.com. Please forward any questions regarding privacy and other legal matters to info@arbitratorintelligence.com.

5. Legal Capacity

This is a general audience Website for adults. Arbitrator Intelligence will assume (and by using this Website you warrant that) you have legal capacity to enter into the agreement set out in these Terms and that they will be legally enforceable against you to the maximum extent permitted by applicable law (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

6. The Information You Give Arbitrator Intelligence Must be Correct

To access this Website or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide be correct, current, and complete. If Arbitrator Intelligence believes the details provided by you are not correct, current, or complete, we have the right to refuse you access to or use of the Website, or any of its resources, and to terminate or suspend your member profile.

7. Privacy Policy

Your privacy is important to Arbitrator Intelligence. To better protect your privacy, we provide a Privacy Policy explaining our online information practices and the choices you can make about the way your information is collected and used in connection with this Website. Click here to view and print a copy of our Privacy Policy, which forms part of these Terms. By accepting these Terms, you shall also be deemed to have accepted the terms of our Privacy Policy.

8. Disclaimer of Warranties

YOUR USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WEBSITE, ARBITRATOR INTELLIGENCE AND ANY OF ITS SUBSIDIARIES OR AFFILIATED COMPANIES, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ARBITRATOR INTELLIGENCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ARBITRATOR INTELLIGENCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, ARBITRATOR INTELLIGENCE REPORTS (“Reports”), SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ARBITRATOR INTELLIGENCE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, REPORTS, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE WEBSITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ARBITRATOR INTELLIGENCE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, REPORTS, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

9. Limitation of Liability

ARBITRATOR INTELLIGENCE DISCLAIMS ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY USER OF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

WITHOUT LIMITATION, YOU (AND NOT ARBITRATOR INTELLIGENCE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

10. Trademarks and Copyrights

This Website and any materials incorporated by Arbitrator Intelligence on this Website, including without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audiovisual works, designs, logos, software, our feedback survey (sometimes referred to as the Arbitrator Intelligence Questionnaire or “AIQ”), Reports and any other content (“Material”) are protected by copyrights, trade secrets or other proprietary rights owned by Arbitrator Intelligence and/or its licensors (“Copyrights”). Some of the logos or other images incorporated by Arbitrator Intelligence on this Website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Arbitrator Intelligence or other third parties (“Trademarks”). Arbitrator Intelligence respects the intellectual property rights of others and asks users of this Website to do the same.

11. Your Use of Material (including our feedback survey and Reports)

Your right to make use of this Website and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Website, for any purpose not permitted by these Terms, may be a violation of the Copyrights and/or Trademarks and may be prohibited by law. The use of our feedback survey and our Reports is expressly prohibited, unless specifically authorized by Arbitrator Intelligence in writing.

The Material and all other content on this Website, including our feedback survey and our Reports, must not be copied (whether hand-drawn, printed, screen-captured or duplicated in any other form), reproduced, republished, uploaded, posted, transmitted in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise), distributed or used in any way unless specifically authorized by Arbitrator Intelligence in writing. Using any Material on any other website or networked computer environment is prohibited unless specifically authorized by Arbitrator Intelligence in writing. To the extent permitted by applicable law, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any feedback survey, Report or software on this Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on our feedback survey, Report or software, is prohibited.

Whilst reasonable care has been taken to exclude computer viruses, no representation or warranty is made that the Website, our feedback survey or our Reports are virus free. The user shall be responsible for ensuring that no virus is introduced to any computer or network. A user shall promptly inform Arbitrator Intelligence if the user becomes aware of any unauthorized use of the Materials; any actual, threatened, or suspected infringement of any intellectual property right of Arbitrator Intelligence in the Material; and any claim by any third party that the Material infringes the intellectual property or other rights of any other person. A user shall not erase, remove, deface or cover any trademark, trade names, numbers, copyright or other proprietary notices, guarantee, designation of origin, means of identification, disclaimer or other statement used on any media containing the Material or used in relation to it, nor shall the user authorize another person to do so.

12. Purchase and Use of Reports

Our Reports are available for sale exclusively on this Website. The licensing of a Report grants the buyer access to that Report and the information therein for the period specified in the License Agreement. The licensing of a Report does not grant the purchaser a right to produce a copy (whether hand-drawn, printed, screen-captured or recorded in any other form), reproduce, republish, upload, post, transmit, in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise), distribute or use the Report in any way unless specifically authorized by Arbitrator Intelligence in writing. The production of a copy (whether hand-drawn, printed, screen-captured or recorded in any other form), reproduction, republication, upload, posting, transmission in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise), distribution or use of a Report in any manner not expressly permitted by Arbitrator Intelligence are strictly prohibited.

THE INFORMATION PRESENTED IN OUR REPORTS CANNOT BE USED TO CHALLENGE AN ARBITRATOR OR AN ARBITRAL AWARD. REPORT PURCHASERS, USERS OF THIS WEBSITE OR ANY OTHER PERSON THAT ACQUIRES ACCESS TO ONE OF OUR REPORTS BY WHATEVER MEANS ACKNOWLEDGE AND AGREE THAT THEY SHALL REFRAIN AND ARE PROHIBITED FROM USING ANY REPORT TO CHALLENGE AN ARBITRATOR OR AN ARBITRAL AWARD.

The information contained in our Reports is derived from feedback about individual arbitrators who are the subjects of our Reports and information acquired from publicly available sources. Upon receipt of data about an arbitrator, Arbitrator Intelligence provides notice to the arbitrator. Reports do not contain any information that is known or suspected to be confidential. If you believe a Report contains confidential information or errors, or if you have any questions, please direct your inquiries to info@arbitratorintelligence.com. Whilst reasonable care is taken to ensure the accuracy and completeness of our Reports, Arbitrator Intelligence makes no representations or warranties whatsoever, express or implied, that any Report is free from errors or omissions. Arbitrator Intelligence does not warrant or guarantee the accuracy of the underlying data.

13. Submission of feedback

When a user completes and submits our feedback survey or participates in a feedback call, they agree and certify that the information that is provided to Arbitrator Intelligence in response to our feedback survey is not provided in violation of any applicable confidentiality agreement or subject to any form of privilege. The user certifies that the information included in their responses to the feedback survey is truthful and that they will exercise good faith in the process of providing and submitting feedback.

Users do not have a right to produce a copy (whether hand-drawn, printed, screen-captured or recorded in any other form), reproduce, republish, upload, post, transmit in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise) or distribute the feedback survey unless specifically authorized to do so in writing by Arbitrator Intelligence. These terms apply whether or not the user has completed our feedback survey. The copy, reproduction, republication, upload, posting, transmission, distribution or use of our feedback survey in any manner not expressly permitted by Arbitrator Intelligence is strictly prohibited.

14. Responsible Use of Website

Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable laws. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability.

15. Indemnity

To the extent permitted by applicable law, you will indemnify, hold harmless and defend Arbitrator Intelligence, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against Arbitrator Intelligence or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by Arbitrator Intelligence or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any clause of the Terms (ii) your use of our feedback survey, a Report or this Website, (iii) your violations of applicable laws, rules or regulations in connection with our feedback survey, a Report or this Website, (iv) any representations and warranties made by you concerning any aspect of our feedback survey, a Report or this Website to any Third Party; (v) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of our feedback survey, a Report or this Website; (vi) violations of your obligations of confidentiality to any third party; and (vii) any claims with respect to acts or omissions of any third party in connection with our feedback survey, a Report or this Website. Arbitrator Intelligence will provide you with written notice of any claim, suit or action from which you must indemnify Arbitrator Intelligence. You will cooperate as fully as reasonably required in the defense of any claim. Arbitrator Intelligence reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

16. System Abuse

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of this Website by any other person.

17. Security

Any usernames and passwords used for this Website are for individual use only. You shall be responsible for the security of your username and password (if any). You agree to accept responsibility for all activities that occur under your account, username or password. You agree not to use the username or password of another user at any time.

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or member profiles. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Arbitrator Intelligence reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.

18. Investigations

Arbitrator Intelligence reserves the right to investigate suspected violations of these Terms. We may seek to gather information from any user who is suspected of violating these Terms, and from any other user. Arbitrator Intelligence may suspend any user whose conduct is under investigation. We will fully cooperate with any law enforcement authorities or court order requesting or directing Arbitrator Intelligence to disclose the identity of anyone who is believed to have violated these Terms or any applicable law.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF ARBITRATOR INTELLIGENCE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF ARBITRATOR INTELLIGENCE DURING AND/OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF ARBITRATOR INTELLIGENCE OR LAW ENFORCEMENT AUTHORITIES.

19. Reservation of Rights

Arbitrator Intelligence reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Website and/or any software, facilities and services on this Website, with or without notice, and/or to establish general guidelines and limitations on their use. Arbitrator Intelligence may sometimes be required, due to the need to protect certain rights and/or confidentiality, to remove information that was previously available on our Website. Arbitrator Intelligence regrets any inconvenience caused but cannot be held responsible for such withdrawals.

20. Third-Party Websites

This Website may contain links to other websites on the internet. These websites are not under the control of Arbitrator Intelligence, and you acknowledge that (whether or not such websites are affiliated in any way with Arbitrator Intelligence) Arbitrator Intelligence is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of a link does not imply endorsement of any website by Arbitrator Intelligence or any association with its operators.

Arbitrator Intelligence cannot ensure that you will be satisfied with any products or services that you purchase from any third-party website that links to or from the Website since the third-party websites are owned and operated by independent parties. Arbitrator Intelligence does not endorse any of the merchandise, nor has it taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Arbitrator Intelligence 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 irrevocably waive any claim against Arbitrator Intelligence with respect to such websites. Arbitrator Intelligence strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

21. Choice of Law

With the exception of the arbitration clause (clause 25), which will be construed in accordance with the arbitration law of Sweden, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within Pennsylvania.

22. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

23. Validity and Entire Agreement

If any provision of these Terms is adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Arbitrator Intelligence relating to the matters contained herein.

24. Claims of Infringement

If you believe that any content appearing on this Website infringes your copyright rights, Arbitrator Intelligence wants to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of each place where alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
6. A statement by you made under penalty of perjury that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf, and that you explicitly authorize all members of Arbitrator Intelligence to use the information in your notice for the purposes of managing your claim. Please note that the Privacy Policy shall also apply to the information that you provide in your notice.

Copyright Agent

ARBITRATOR INTELLIGENCE INC.

Please send inquiries via email to: info@arbitratorintelligence.com

25. Dispute Resolution

Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall first be referred to Mediation in accordance with the Mediation Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, unless one of the parties objects.

If one of the parties objects to Mediation or if the Mediation is terminated, the dispute shall be finally resolved by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English. This contract shall be governed by the substantive law of Sweden.