International Mediation Institute
Bertha von Suttner Building
Laan van Meerdervoort 70,
2517 AN The Hague
Your access to some areas of the Portal ("Online Certification") may be subject to certain requirements in IMI's discretion.
If you are an IMI Certified Mediator, You shall pay to IMI all fees owing to IMI the Online Certification in accordance with the IMI Rules. Such fees are nonrefundable.
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. IMI shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from Your use of the Portal.
Peer Groups; Visitor Content
Subject to any confidentiality obligations of IMI with respect to Your use of the Online Certification by submitting or sending Visitor Content to IMI or otherwise making Visitor Content available for display on or through the Portal, You grant IMI the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Visitor Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in connection with the Portal. You also warrant that any "moral rights" in posted materials have been waived.
Other than under dispute resolution proceeding(s) and in connection with our e-voting Online Certification, IMI does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from You through the Portal, any of its Certification, by e-mail, or in any other way, and any information or material submitted or sent to IMI will be deemed not to be confidential or secret. You agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that You submit or otherwise communicate to the Portal may be used by IMI in any manner.
You may not upload, post, e-mail or otherwise transmit any Visitor Content on or through the Portal that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another's privacy, or hateful; (iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
You further agree that You will not: (i) use the Portal, or any part thereof, to "stalk" or harm any other Visitor or any other person in any way; (ii) impersonate any person or entity, including but not limited to a IMI officer, director, or representative, or falsely state or otherwise misrepresent Your identity or affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Visitor Content transmitted on or through the Portal; (iv) disrupt the normal flow of dialogue in a Peer Group; (v) interfere with or disrupt the Portal or servers or networks connected to the Portal, or the use thereof, or disobey any requirements, procedures, policies or regulations of networks connected to the Portal; (vi) hack, infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Portal; (vii) harvest, collect or store information about the Visitors of this Portal, the Visitor Content posted by others on this Portal or any other data or information on this Portal, or use such information for any purpose inconsistent with the purpose of this Portal; (viii) breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Portal or that of any third party that is hosting or interfacing with any part of the Portal; (ix) create any frames at any other Web sites containing or incorporating the Portal or any Portal Content; or (x) violate any applicable local, state, national or international law or regulation.
You agree to maintain the strict confidentiality of any passwords issued to You for Your use or access to the Portal, the Online Certification or any portion of either of the foregoing, and You agree not to allow any other entity to use any username(s) or password(s) that are issued to You.
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 IMI in any way and IMI 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 IMI's endorsement of or association with the Linked Sites.
Disclaimer of Warranties
THIS PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE CERTIFICATION, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, IMI 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 CERTIFICATION 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 OF A LICENSED ATTORNEY.
Limitation of Liability
IN NO EVENT SHALL IMI 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, INCLUDING BUT NOT LIMITED TO THE ONLINE CERTIFICATION, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF IMI 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 IMI 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 CERTIFICATION AND WEBFILE. IN NO EVENT SHALL THE TOTAL LIABILITY OF IMI 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 CERTIFICATION AND WEBFILE, EXCEED, IN THE AGGREGATE, THE AMOUNT OF PORTAL USE FEES, IF ANY, PAID BY YOU TO IMI TO USE THE PORTAL.
Maintenance of Accounts, Portal and Online Certification
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.
Otto Reuchlinweg 1132
3007 KC Rotterdam, The Netherlands
Tel: +31 10 204 22 00
Fax: +31 10 20422 11
We control and operate this Portal from our offices in the Netherlands. Materials on the Portal may not be appropriate or available for use in certain 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
December 15, 2008