PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and the use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright ©2013, ADR Institute ALL RIGHTS RESERVED.
The entire content included in this site, including but not limited to text, graphics or code is protected under Canadian and international copyright laws, and is the property of the ADR Institute and its affiliates. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order for products or services with ADR Institute or using ADR Institute services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ADR Institute.
You agree not to change or delete any proprietary notices from materials downloaded from the site.
This site and the materials, products and services provided on this site are provided « as is » and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ADR Institute disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ADR Institute does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ADR Institute does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
ADR Institute shall not be liable for any damages that result from the use of, or the inability to use, the materials on this site or the performance of the products or services available through this site, even if ADR Institute has been advised of the possibility of such damages.
In the event that any ADR Institute product or service is mistakenly listed at an incorrect price, ADR Institute reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ADR Institute reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ADR Institute shall issue a credit to your credit card account in the amount of the incorrect price. We make every reasonable effort to ensure accuracy is however we cannot confirm content posted by members and 3rd party users. Please bring any errors or omissions to our attention.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or purchase process. These terms and conditions, or any part of them, may be modified by ADR Institute without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
ADR Institute may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ADR Institute.
Your use of this site shall be governed in all respects by the laws of Ontario, Canada, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ADR Institute products) shall be in Courts of Ontario.
The ADR Institute is committed to the resolution of disputes through good faith negotiation, mediation and arbitration. In the event of any dispute over the use of this site or relating to any product or services provided through this site, you agree that (i) you will first attempt, in good faith, to resolve such dispute through direct negotiation for at least thirty (30) days following notice of the dispute; and (ii) in the event a dispute cannot be resolved during that time period, each party will submit the dispute to mediation by a mutually agreeable mediator in Toronto, Ontario, Canada. In the event of mediation, each party shall bear its own costs of such mediation, including its own legal fees and its equal share of mediator fees. The parties and their representatives shall hold the existence, content and result of the mediation in confidence. All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, which cannot be resolved through negotiation or mediation shall be finally resolved by arbitration pursuant to the Arbitration Act (Ontario). The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ADR Institute products or services) must be commenced within one (1) year after the claim or cause of action arises. ADR Institute’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ADR Institute may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an ADR Institute or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
ADR Institute does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ADR Institute is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ADR Institute reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ADR Institute in its sole discretion.
You agree to indemnify, defend, and hold harmless ADR Institute, its officers, directors, employees, agents, licensors and suppliers (collectively the « Service Providers ») from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, ADR Institute may link to sites operated by third parties. However, even if the third party is affiliated with ADR Institute, ADR Institute has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ADR Institute. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ADR Institute seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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