Arbitratorintelligence.com is a website operated by Arbitrator Intelligence Inc. (“AI” or “our”) featuring online content, applications, and other tools (individually and collectively, the “Site”). Thank you for visiting our Site to learn more about AI!
CONTENTS & SUMMARY
|1||Acceptance of Terms||Each time you access and/or use the Site, you agree to be bound by these Terms and any additional terms that will apply to you.|
|2||Other Terms May Apply to You||Some areas of this Site or activities on this Site may be subject to additional terms and conditions|
|3||Updates to Terms||These Terms and additional terms posted on this Site at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Site.|
|4||How to Contact AI||This Site is published, controlled, and operated by AI. Please contact us at firstname.lastname@example.org or email@example.com|
|5||Legal Capacity||You represent that you have the legal capacity to enter into the agreement set out in these Terms.|
|6||The Information You Give AI Must be Correct||The information you submit to the Site must be correct. We can refuse access to the Site if we learn that information you have provided is inaccurate.|
|8||Disclaimer of Warranties||We disclaim warranties and provide the Site “As Is.”|
|9||Limitation of Liability||Our liability is limited.|
|10||Trademarks and Copyrights||This Site is protected by copyrights, patents, trade secrets or other proprietary rights.|
|11||Your Use of Material (including AIQ and AI Reports)||We only grant you a limited revocable license to use the Site for your own non-commercial use subject to rules and limitations.|
|12||Purchase and Use of AI Reports||AI Reports are available for sale and use under the License Agreement exclusively on this Site.|
|13||Submission of an AIQ||You certify that information submitted in an AIQ does not violate any confidentiality agreement and that you will not copy or reproduce the the AIQ.|
|14||Responsible Use of Site||You may only use the Site for lawful purposes.|
|15||Indemnity||You will indemnify and hold Arbitrator Intelligence harmless for material you post.|
|16||System Abuse||You may not abuse the system.|
|17||Security||Your usernames and passwords for this Site are for your use only and you are responsible for their security.|
|18||Investigations||Arbitrator Intelligence reserves the right to investigate suspected violations of these Terms.|
|19||Reservation of Rights||Arbitrator Intelligence may modify or discontinue this Site at any time.|
|20||Third-Party Sites||We are not responsible for third parties or their content, advertisements, apps or sites.|
|21||Choice of Law||Pennsylvania law will apply to these Terms.|
|22||Notice for California Users||California users of the Site are entitled to consumer rights notice.|
|23||Validity and Entire Agreement||If a Term is deemed unlawful or void, it shall be deemed severable from this agreement.|
|24||Claims of Infringement||If you believe that any content appearing on this Site infringes on your copyrights or any other intellectual property rights, we want to hear from you. Please email firstname.lastname@example.org.|
|25||Dispute Resolution||Disputes relating to the use of this Site should be resolved through negotiations between parties.|
1. Acceptance of Terms
By using our Site, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree with any of these Terms please do not use this Site. AI recommends that you print a copy of these terms for future reference.
2. Other Terms May Apply to You
3. Updates to Terms
Please note that these Terms may be revised and reissued by updating this posting. Changes to the Terms will be effective when posted to the Site. You should visit this page regularly to review the current Terms. Your continued use of the Site will signify your acceptance of any revisions and explicit renewal of your consent.
4. How to Contact AI
This Site is published, controlled and operated by AI, located at 108 Shangri Lane Port Matilda, PA 16870. Please forward any comments or complaints about this Site to email@example.com. Please forward any questions regarding privacy and other legal matters to firstname.lastname@example.org.
5. Legal Capacity
This is a general audience Site for adults. AI will assume (and by using this Site 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 AI Must be Correct
To access this Site 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 Site that all the details you provide be correct, current, and complete. If AI believes the details provided by you are not correct, current, or complete, AI has the right to refuse you access to or use of the Site, or any of its resources, and to terminate or suspend your member profile.
8. Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN DISCRETION. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE SITE 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 SITE, AI AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF AI, 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. AI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, ARBITRATOR INTELLIGENCE REPORTS (“AI Reports”), SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. AI MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, AI REPORTS, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND AI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, AI REPORTS, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE 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
AI 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 SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY USER OF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT LIMITATION, YOU (AND NOT AI) 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 Site and any materials incorporated by AI on this Site, including without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audiovisual works, designs, logos, software, the Arbitrator Intelligence Questionnaire (“AIQ”), AI Reports and any other content (“Material”) are protected by copyrights, trade secrets or other proprietary rights owned by AI and/or its licensors (“Copyrights”). Some of the logos or other images incorporated by AI on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by AI or other third parties (“Trademarks”). AI respects the intellectual property rights of others and asks users of this Site to do the same.
11. Your Use of Material (including AIQ and AI Reports)
Your right to make use of this Site 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 Site, 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 the AIQ and AI Reports is expressly prohibited, unless specifically authorized by AI in writing.
The Material and all other content on this Site, including the AIQ and AI Reports, may 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 AI in writing. Using any Material on any other website or networked computer environment is prohibited unless specifically authorized by AI in writing. To the extent permitted by applicable law, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any AIQ, AI Report or software on this Site 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 the AIQ, AI Report or software, is prohibited.
Whilst reasonable care has been taken to exclude computer viruses, no representation or warranty is made that the Site, the AIQ or AI 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 AI if the user becomes aware of any unauthorized use of the Materials; any actual, threatened, or suspected infringement of any intellectual property right of AI 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 AI Reports
AI Reports will be available for sale exclusively on this Site. The purchase of an AI Report grants the buyer access to that Report and the information therein for the period specified in the License Agreement. The purchase of an AI Report does not grant the buyer 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 in any way unless specifically authorized by AI 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 an AI Report in any manner not expressly permitted by AI are strictly prohibited.
THE INFORMATION PRESENTED IN AI REPORTS CANNOT BE USED TO CHALLENGE AN ARBITRATOR OR AN ARBITRAL AWARD. THE BUYER OF AN AI REPORT, ANY USER OF THIS WEBSITE OR ANY OTHER PERSON THAT ACQUIRES ACCESS TO AN AI REPORT BY WHATEVER MEANS ACKNOWLEDGE AND AGREE THAT THEY SHALL REFRAIN AND ARE PROHIBITED FROM USING ANY AI REPORT TO CHALLENGE AN ARBITRATOR OR AN ARBITRAL AWARD.
The information contained in the AI Reports is derived from responses to the AIQ about the individual arbitrator who is the subject of any such AI Report. AI only publishes an AI Report with the consent of the arbitrator that is the subject of it. AI Reports do not contain any information that is known or suspected to be confidential. If you believe an AI Report contains confidential information or errors, or if you have any questions, please direct your inquiries to email@example.com. Whilst reasonable care is taken to ensure the accuracy and completeness of AI Reports, AI makes no representations or warranties whatsoever, express or implied, that any AI Report is free from errors or omissions. AI does not warrant or guarantee the accuracy of the underlying data.
13. Submission of an AIQ
When a user completes and submits an AIQ, they agree and certify that the information that is provided to AI in the AIQ is not provided in violation of any applicable confidentiality agreement or privilege. The user certifies that the information included in the AIQ is truthful and that they will exercise good faith in the process of completing and submitting an AIQ.
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 AIQ unless specifically authorized by AI in writing. These terms apply whether or not the user has completed an AIQ. The copy, reproduction, republication, upload, posting, transmission, distribution or use of the AIQ in any manner not expressly permitted by AI is strictly prohibited.
14. Responsible Use of Site
Please act responsibly when using this Site. You may only use this Site 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.
To the extent permitted by applicable law, you will indemnify, hold harmless and defend AI, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against AI 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 AI 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 the AIQ, an AI Report or this Site, (iii) your violations of applicable laws, rules or regulations in connection with the AIQ, an AI Report or this Site, (iv) any representations and warranties made by you concerning any aspect of the AIQ, an AI Report or this Site to any Third Party; (v) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the AIQ, an AI Report or this Site; (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 the AIQ, an AI Report or this Site. AI will provide you with written notice of any claim, suit or action from which you must indemnify AI. You will cooperate as fully as reasonably required in the defense of any claim. AI 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 Site by any other person.
Any usernames and passwords used for this Site 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 Site 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, AI reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
AI reserves the right to investigate suspected violations of these Terms. AI may seek to gather information from any user who is suspected of violating these Terms, and from any other user. AI may suspend any user whose conduct is under investigation. AI will fully cooperate with any law enforcement authorities or court order requesting or directing AI 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 AI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF AI 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 AI OR LAW ENFORCEMENT AUTHORITIES.
19. Reservation of Rights
AI reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use. AI may sometimes be required, due to the need to protect certain rights and/or confidentiality, to remove information that was previously available on our Site. AI regret any inconvenience caused but cannot be held responsible for such withdrawals.
20. Third-Party Sites
This Site may contain links to other sites on the internet. These sites are not under the control of AI, and you acknowledge that (whether or not such sites are affiliated in any way with AI) AI is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of a link does not imply endorsement of any site by AI or any association with its operators.
AI cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Site since the third-party sites are owned and operated by independent parties. AI does not endorse any of the merchandise, nor has AI taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. AI 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 AI with respect to such sites. AI 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(a)(iii))which will be construed in accordance with the FAA, 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 Site 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 AI relating to the matters contained herein.
24. Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright rights, AI wants to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- 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;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
ARBITRATOR INTELLIGENCE INC.
c/o: Catherine A. Rogers
108 Shangri Lane
Port Matilda, PA 16870
25. Dispute Resolution
25(a). U.S. Residents:
25(a)(i). The parties shall attempt to resolve any dispute arising out of or relating to use of this Site or these Terms (“Dispute”) through negotiations in good faith between the parties, or those who have authority to settle the Dispute. Such negotiations must commence within 14 calendar days of one party giving the other party notice of the Dispute in writing (or within any other such period of time that the Parties may agree in writing).
25(a)(ii). Mediation. Should the negotiations contemplated in clause 25(a)(i) above not take place within 14 calendar days of receipt of written notice of the Dispute, or if the negotiations do not conclude with a mutually agreed upon solution within 30 days of their commencement (or within any other such period of time that the parties may agree in writing), the Parties agree to participate in good faith mediation in order to resolve the Dispute. The Parties agree that the mediation will be conducted in accordance with the mediation rules of JAMS, except that the Parties will have 14 calendar days to agree upon the appointment of a mediator, upon receipt, by either of them, of a written notice to concur in such appointment. Should the parties fail to agree, either party, upon giving written notice, may apply to JAMS for the appointment of a mediator. The Parties agree to be represented in the mediation by those who have authority to resolve the Dispute at the mediation. The Parties shall have 30 calendar days from the appointment of the mediator (or such other period of time that the parties may agree in writing) within which to commence the first mediation session.
25(a)(iii). Arbitration. To the fullest extent permissible by law, with the exception of disputes pertaining to AI’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, the parties agree that any dispute of any kind arising under these Terms that is not resolved through mediation after 30 calendar days of the first mediation session, shall be referred to and finally resolved through binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Pennsylvania state or federal court with substantial experience in the internet industry and shall follow Pennsylvania substantive law in adjudicating the dispute, except that this clause 25(a)(iii) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). The parties agree that they intend that this clause 25(a)(iii) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county where Arbitrator Intelligence maintains its headquarters. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead whether the arbitrator may decide the dispute without a hearing. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
25(b). Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) (“Clause 25(b) Dispute”) arises out of or relates to the Site or Terms, then the parties agree to send a written notice to the other providing a reasonable description of the clause 25(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If you have not provided contact information to AI or if the information provided by you is inaccurate or not current, then AI has no obligation to provide notice under this clause 25(b). Any notice required to be sent by you to AI under this clause must be sent to firstname.lastname@example.org. For a period of sixty (60) days from the date of receipt of notice from the other party, the parties will engage in a dialogue in order to attempt to resolve the clause XXV(b) Dispute, though nothing will require either you or AI to resolve the clause 25(b) Dispute on terms with which either you or AI, in each of our sole discretion, are uncomfortable. Nothing in this clause will prevent a party from pursuing their claims in Court or via another complaint process.