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International Mediation Institute

www.IMImediation.org

Bertha von Suttner Building
Laan van Meerdervoort 70,
2517 AN The Hague
The Netherlands

 
 

IMI Web Portal Terms of Use

 
Please Read the Following Terms of Use Carefully
This Portal located at www.IMImediation.org (including the Online Certification and all other pages under such second level domain name, collectively, the "Portal") is provided by the International Mediation Institute  ("IMI") subject to these terms of use, the IMI Privacy Policy and all modifications of either of the foregoing (collectively, the "Terms of Use"). By using this Portal, you ("You") and other users and visitors (together with You, the "Visitors”) are deemed to have agreed to these Terms of Use.
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.
Internet Access
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.
Portal Content
This Portal contains content, including but not limited to that which is protected by trademarks, service marks, trade names, copyrights and other intellectual property rights owned by IMI and others ("Portal Content").  As between You and IMI, IMI is the sole owner of all rights, title and interest in and to Portal Content. Except as otherwise expressly provided herein, Your use of the Portal does not grant to You a license to any Portal Content. You may not download, archive or save a copy of the Portal for any purpose, except You may download, print or make copies of individual screens and documents appearing as part of the Portal solely for Your own private business purposes, provided that any marks, logos or other legends that appear on such screens and documents remain on, and are not removed from the downloaded, printed or stored screens or documents. Except as expressly permitted in these Terms of Use, You may not modify, copy, publish, translate, display, transmit, distribute, transfer, frame, adapt, create derivative works from or in any way exploit the Portal Content.
Peer Groups; Visitor Content
IMI may make available certain public and/or private forums such as bulletin boards, email lists or chat rooms (collectively, "Peer Groups") on the Portal. Use of any Peer Group is subject to these Terms of Use and any other notice or policy applicable to a particular Peer Group or Peer Groups in general. Information, data, text, music, sound, photographs, graphics, video, messages and other content and materials that You may post to the Portal via e-mail, uploading, posting, chat room, bulletin board or otherwise, or that You otherwise supply to IMI shall be referred to herein as "Visitor Content." Visitors should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through Peer Groups, that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Visitors of the Portal are encouraged to exercise caution when providing personal information about themselves. You agree that IMI takes no responsibility and that You are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of, and that You, and not IMI, are entirely responsible for, Your Visitor Content. By submitting or sending Visitor Content to the Portal or IMI You represent and warrant that such Visitor Content is original to You, that no other party has any rights to such Visitor Content and that such Visitor Content does not violate, infringe or misappropriate any third party right or applicable law.
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.
IMI does not pre-screen, monitor, review or otherwise edit Visitor Content posted, or otherwise made available, on or through the Portal. However, IMI (or a designee) reserves the right (but assumes no obligation) to, at its sole discretion, refuse, edit or remove any Visitor Content, in whole or part, that, in IMI's sole judgment, does not comply with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate. IMI is not responsible for any failure, non-failure or delay in refusing, editing or removing such Visitor Content.
Visitor Conduct
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.
Linked Sites
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.
Privacy Policy
We encourage You to read our Privacy Policy which is incorporated by reference into these Terms of Use.
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
IMI may, at any time, temporarily limit or suspend in whole or in part, a Visitor's access to the Portal if such Visitor is in breach, or if IMI has reason to believe such Visitor is in breach, of these Terms of Use. IMI may change, add or remove any of the Certification or features available on the Portal, or may discontinue the Portal as a whole, at any time. IMI shall not be responsible for any outages, technical failures or defects in the Portal, including but not limited to the Online Certification and Web File.
Visitor Warranties
You represent and warrant that Your use of the Portal shall be in accordance with these Terms of Use and all applicable laws, statutes, rules, regulations, ordinances and policies of all applicable worldwide jurisdictions.
Visitor Indemnification
By agreeing to use the Portal, You agree to defend, indemnify and hold IMI, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Portal, any violation of these Terms of Use by You, or any Visitor Content You post on or through the Portal.
Copyright Agent
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.
 
Copyright Agent:
Shawn Conway
Conway Stendahl
Otto Reuchlinweg 1132
Postbus 52610
3007 KC Rotterdam, The Netherlands
Tel: +31 10 204 22 00
Fax: +31 10 20422 11
Conway@Conwaystendahl.com
Changes to Terms of Use
IMI MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME AND AT ANY TIME, AND WITHOUT ACTUAL NOTICE TO YOU. ALL SUCH CHANGES TO THESE TERMS OF USE WILL APPEAR ON THIS PAGE OF THE PORTAL. WE ENCOURAGE YOU TO CHECK FOR CHANGES TO THESE TERMS OF USE REGULARLY. BY USING THE PORTAL FOLLOWING ANY MODIFICATIONS TO THESE TERMS OF USE, YOU AGREE TO BE BOUND BY ANY SUCH MODIFICATIONS TO THESE TERMS OF USE.
Applicable Laws/Jurisdiction
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
These Terms of Use and the relationship between You and IMI shall be governed and interpreted in accordance with the laws of the State of New York, without regard to its conflict of law provisions. In the event of a dispute which cannot be resolved in mediation using the services of an IMI Certified Mediator (in which process You agree to participate in good faith if and when proposed to You), You agree to submit to the exclusive jurisdiction over all disputes hereunder and venue in the federal and state courts in the State of New York located in New York County.
Miscellaneous
The failure of IMI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
December 15, 2008

 

 

 

 

 

 

 

 

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