The National Arbitration Forum (the “FORUM”) may, in its sole discretion, update this Agreement at any time, by posting additional or amended Terms on the Website. The revised or amended Agreement shall be effective upon posting. Any access to or use of the Website following such update is an agreement to such updated Terms. Visitors and Parties are therefore encouraged to refer back to this page regularly. This Agreement may not be otherwise amended without the written consent of the FORUM.
While the content of this website is designed to provide accurate and authoritative information regarding the subject covered, it is not intended as legal advice.
The FORUM cannot guarantee or warrant that the information on this website is accurate, complete, or up-to-date. Laws and procedures change frequently and are subject to differing interpretations. The Website is not intended as a substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction.
Use of Website and Website Information
The FORUM makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of this information. The FORUM assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever caused in connection with using this Website. The FORUM may make changes to these materials at any time without notice.
Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other websites on the part of FORUM. The FORUM makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks. The FORUM has not tested any software located on other sites and does not make any representations as to the quality, safety, reliability or suitability of such software.
While the FORUM makes every effort to ensure that any software available to be downloaded from its Website is free of any software virus, it cannot guarantee that the material is free from any or all software viruses. The FORUM is not responsible for any loss or damage howsoever caused by the software and related codes, including viruses and worms.
Visitors and Parties understand and agree that the FORUM may collect, maintain, and process information provided by them to the FORUM.
Public Areas of the Website
Visitors and Parties may visit the public areas of the Website without disclosing any personal information about themselves. However, Visitors will have the opportunity to request or receive information from the FORUM, in which case an e-mail or other address or contact information may be required in order to allow the FORUM to comply with the request, and for other purposes as may be disclosed at the time the request is made.
In order to access or use information and services offered by the FORUM, the FORUM may require Parties to provide, among other things, contact information such as user ID, password, name, title, department, business address, business telephone number, business e-mail address and other contact information. The FORUM may also use contact information to communicate with Parties regarding proceedings, changes in Website functionality and/or other FORUM services, features, billing, help desk and other activities relating to the operation of the website, procedures, or services. The FORUM may disclose the contact information of a Party to administrators, arbitrators and/or other Parties who are designated by such Party (through such Party's use of the website or otherwise) to be provided access to such information. At your option, some portions of your contact information may be made available to other users of the Website in online directories, search features and/or Peer Groups. The FORUM may also use contact information to send Parties information about products or services available on or through website and offers made available by its partners, which may be sent by the FORUM or the FORUM partner making the offer.
Other terms relating to confidential information and materials a Party submits to the FORUM in the course of such Party's ADR proceeding may be set forth in the FORUM Code of Procedure and/or any other agreement between the Parties.
The FORUM may record and collect information about how Visitors and Parties use the Website. This data may include a Visitor's or Party's domain name, language, type of browser and operating system, Internet Service Provider, Internet protocol (IP) address, the website from which they arrived at the Website, the amount of time spent on the Website and the ways in which they use the Website (collectively, "Usage Data"). The FORUM may monitor and use Usage Data in aggregated form to measure the Website's and other FORUM services' performance and activity and improve the Website's design and functionality. The FORUM may also use Usage Data in aggregated form to develop and distribute to third parties statistical and other information about how the Website and FORUM services are used and for other marketing purposes. The FORUM may also disclose aggregate Usage Data to other Visitors and Parties. The FORUM may also use Usage Data in unaggregated form to investigate and prosecute security violations or to identify the particular Visitor or Party who engaged in particular transactions.
The FORUM may make available certain public and/or private forums such as bulletin boards, e-mail lists and chat rooms (collectively, "Peer Groups") on the Website. Any and all information posted on or through a Peer Group will be generally accessible for viewing by others. Accordingly, participants are encouraged to exercise discretion when using Peer Groups.
To "opt-out" of (1) receiving communications from the FORUM (except for communications necessary for the operation of the Website or FORUM services, or as otherwise permitted under this agreement) (2) having contact information disclosed to third parties (except as necessary for the FORUM to operate the Website and FORUM services, or as otherwise permitted under this agreement or (3) any other consent previously granted for a specific purpose concerning Your personal information, send an e-mail to the FORUM Data Controller at firstname.lastname@example.org.
Review/Change Contact Information
Requests to review or change Contact Information previously provided on or through the Website may be made to the FORUM by sending an e-mail to the FORUM Data Controller at email@example.com.
The FORUM may provide links to third parties' websites ("Linked Sites") from the Website. Linked Sites are not necessarily reviewed, controlled or examined by the FORUM in any way and the FORUM is not responsible for the privacy policies and practices of any such Linked Sites, or any additional links contained therein. These links do not imply the FORUM's endorsement of or association with the Linked Sites.
Disclosure Pursuant To Law
The FORUM may make information concerning Visitors, Parties, the Website, and the uses thereof, available to law enforcement personnel and agencies as required by law or in order to enforce the Use Agreement, and may disclose such information if required by law or a judicial or governmental order or subpoena. Where permitted by law, the FORUM may also disclose such information to law enforcement personnel and agencies, or use such information as part of legal process, in order to protect its property or in furtherance of an investigation regarding a breach of its rules and policies or any unauthorized access to or use of the Website, or any illegal activities concerning a particular Visitor or Party.
Consent To Processing
By using or providing information to the Website or the FORUM, Visitors and Parties understand and consent to the collection, processing and use of such information in the United States and other countries and territories.
The FORUM may utilize third parties to provide or perform certain services and functions on the Website and services described on the Website. For example, the FORUM may use a website tracking evaluation firm to analyze Visitor and Party's use of the Website, and the FORUM may use third party suppliers to provide certain functionality and services provided the FORUM. The FORUM will make information concerning Visitors and Parties and their use of the Website and FORUM services available to these service providers and business partners, as necessary, to perform these functions and services. The service providers may be located throughout the world; therefore information relating to Visitors and Parties may be sent worldwide to countries which have a different level of privacy protection than the U.S. or a Visitor's or Party's country of residence.
Transfer of Information
In the event of a sale, merger, consolidation, reorganization, liquidation, dissolution, change of control or sale or transfer of the substantial assets of the FORUM, information collected via or stored on the Website or with FORUM may be sold, assigned or transferred to a party acquiring all or substantially all of the equity and/or assets of the FORUM related to the Website. The FORUM may also transfer such information to its subsidiaries and affiliates involved in the operation of the Website or the FORUM.
The FORUM takes seriously the security of your personal information. The FORUM has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to, such information, reasonably appropriate to the level of the data concerned. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and the Website, and the Website and you, or data stored on the FORUM's systems, will be free from unauthorized access by third parties.
By accessing this Website and using the information therein available and/or by using or purchasing any products or services made available through this site, you agree with the FORUM, website operators, FORUM service providers, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration under the Code of Procedure of the National Arbitration Forum (the "Code") in effect at the time the claim is filed, except the parties shall mutually select the arbitrator who shall administer and conduct the arbitration. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. Sections 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code.
CONTACT, QUESTIONS, COMMENTS, COMPLAINTS
If you would like to communicate with the FORUM regarding this User Agreement or privacy issues, or have questions, comments or complaints about this Policy, please forward such communication to firstname.lastname@example.org, subject line: “User Agreement”.
Effective date: March 15, 2002