Terms of Service
Please read our Terms of Service carefully before using our site, services, applications, merchandise, or products (“Services”), as these Terms of Service are legally binding on every ADR Times customer, client, member, reader (“You”) and shall apply to all business dealings between you and ADR Times, and any Third-Party Purchaser.
You hereby make representations and warranties to ADR Times (regardless of whether a Transaction is consummated and whether ADR Times is the purchaser or seller of the Merchandise) and any Third-Party Purchaser (if a Third-Party Purchaser is the purchaser of the Merchandise), and agree to the Terms of Service, in each case as set forth, by your use of the Site and/or by sending Merchandise to or receiving Merchandise from ADR Times. If you do not accept these Terms of Service, please do not use the ADR Times Content or Services.
BY USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.
UPDATES TO TERMS
ADR Times reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. Please check these terms and conditions periodically for changes. Your continued use of the ADR Times Application following the posting of changes to these Terms will mean you accept those changes.
LIMITATIONS ON USE
As a user of our Services you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Services and Content in accordance with these Terms. ADR Times may terminate this license at any time for any reason. We reserve the right to add, delete, modify, or otherwise alter any or all of our Terms of Service, and Policies at any time without further notice, at our sole discretion. It is your responsibility to check our Website to determine the then-current Terms of Service, and Policies to which you are bound.
We require that the use of our Site and all purchases be made by individuals 18 years of age or older. Each time you purchase Merchandise from us, you represent and warrant to us that you are an individual 18 years of age or older.
USER SUBMISSIONS AND CONDUCT
Forums. For the purposes of this Agreement, “Forum” means letters, comments, emails or other types of communications submitted by you or other third parties to us, our editors, Webmaster(s) or employees of ADR Times, and messages posted to them or to other users in connection with online seminar discussions, forums, blogs or chat-pages on any ADR Times Application.Forums are provided for your exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Forums that is inconsistent with those stated purposes or which is prohibited under these Terms is prohibited.
Removal. ADR Times has the right, but not the obligation to monitor, edit or remove Forum content or Forum materials, and may do so at any time and for any reason in its sole discretion, including but not limited to the course of normal maintenance of the ADR Times Application and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on ADR Times; (2) protect and defend the legitimate business interests, rights or property of ADR Times, ADR Times users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of ADR Times guests or the public. You shall remain solely responsible for the content of your communications. If you object to the publication of any material placed on any ADR Times Application please contact ADR Times by sending an email to customer service at [email protected] and ADR Times will take whatever action it deems appropriate. ADR Times specifically disclaims any liability with regard to Forum content and any actions resulting from your participation in any Forum. ADR Times cannot guarantee that individuals submitting Forum content or otherwise participating are who they represent themselves to be, nor does ADR Times endorse, represent or validate, the content, accuracy or reliability of, or the statements, assertions, views or opinions expressed in, Forums, and you acknowledge that any reliance upon the same shall be at your sole risk.
Prohibited Uses of any ADR Times Application. You hereby agree that you will not use any ADR Times Application or Forum to:
- promote or encourage the sale of your goods/services or those of any third party;
- solicit other guests or users of the ADR Times Application to join or become members of any commercial online or offline service or other organization;
- disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- disseminate any material which is or may infringe the rights (including, but not limited to, intellectual property rights) of any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or which may restrict or inhibit the use of the ADR Times Application and/or any of the Content by any person or which constitutes or encourages conduct that may be considered a criminal offense or give rise to civil liability;
- disseminate any material which does or may bring ADR Times or any of its brands into disrepute or in any way damage their reputation;
- collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited emails, or use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the ADR Times Applications or other user or usage information;
- impersonate or create a false identity for the purpose of misleading others, improperly use support or complaint buttons or make false reports to ADR Times administrators, or engage in fraudulent transactions; or
- disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
- post link(s) that take users to material that contravenes any of the above restrictions;
- falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications.
If any ADR Times Application makes available the name, contact information, and/or any other information (“Participant Information”) concerning any sponsor, exhibitor, or attendee (each, a “Participant”) in or at any ADR Times trade show, conference, or other event (each, an “Event”), whether live or virtual, you may not use any of such Participant Information except for your own internal business purposes (and may not, for example, directly or indirectly resell or otherwise redistribute, or permit any third party to use, any of same), and, if you are not yourself an authorized Participant in such Event, you agree not to solicit or otherwise contact any Participant identified by such Participant Information.
If you purchase a subscription to access the ADR Times Applications and/or Content (“Subscription”), the Subscription shall be subject to these Terms, as well as any terms and conditions to which you agree at the time of purchase, including applicable subscription fee (“Fee”), payment terms and length of Subscription (“Subscription Period”). If you purchase a subscription pursuant to an applicable product agreement (“Product Agreement”), the Product Agreement may specify the number of user accounts authorized to access the ADR Times Applications and/or Content pursuant to that subscription (“Authorized Users”).For the avoidance of doubt, and notwithstanding the foregoing, Authorized Users will be limited pursuant to and as stated in the Product Agreement, including limitations by number of users or a user’s office location.In such cases, access to and use of the ADR Times Applications and/or Content by any other third party is not permitted.Any increase to the number of Authorized Users must be approved by ADR Times in writing and may be subject to additional fees.
With respect to all Subscriptions, you shall:
- ensure that all Authorized Users accessing the Content are appropriately notified of the importance of respecting the intellectual property rights in the Content and of the sanctions which ADR Times imposes for failing to do so;
- provide ADR Times with information sufficient to enable ADR Times to provide access to the Content. Should you make any significant change to such information, you will notify ADR Times not less than ten (10) days before the change takes effect; and
- ensure that only Authorized Users are permitted access to the Content. Your right to use the Content is not transferable. Any password or right given to you to obtain information is not transferable;
- use best efforts to protect the Content from unauthorized use or other breach of these Terms;
- monitor compliance and immediately upon becoming aware of any unauthorized use or other breach, inform ADR Times and take all appropriate steps to ensure that such activity ceases and to prevent any recurrence.
Refunds, Late Payments and Taxes.
- All fees paid and charges made prior to the expiration or termination of your Subscription, as provided herein, including any advance charge or payment for the Subscription Period during which you terminate your Subscription, are nonrefundable. Termination of your Subscription shall not relieve you of any obligations to pay accrued charges.
- Prices exclude all shipping, handling and taxes unless stated otherwise. ADR Times collects taxes at the rate in effect at the time your transaction is completed. If the tax rate changes before the transaction is completed, the new tax rate in effect will apply. ADR Times cannot accept exemption certificates for purchases made online. Contact customer service at [email protected] if you believe a transaction may be exempt from tax.
- Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Subscription to the applicable Content.
- Modifications to Fees or Billing Terms: ADR Times RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your Subscription by contacting customer service at [email protected]. Your continued use of the Content following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.
Delivery and Cancellations.
Where your Subscription or product order involves the delivery of a physical item or items, they will be delivered to the address that you indicate when you place your order through any ADR Times Application and the risk of damage to or loss of such items shall pass to you at the time of delivery even if they have not been received by you in person. Any times quoted for delivery are approximate only and ADR Times shall not be liable for any delay in delivery howsoever caused. If you experience any delivery issues, please contact customer service at [email protected].
ADR Times or its licensors, suppliers or other designees owns all right, title and interest in and to the Content and the ADR Times Applications (including all materials, including but not limited to all text, logos, photographs, graphics, images, illustrations, designs, icons, photographs, databases, video, audio, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials). You shall not, and shall not permit anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of the Content or any information contained therein without the prior written consent of ADR Times.
All ADR Times brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of ADR Times and neither they nor any confusingly similar versions may be used by you including, but not limited to as part of any trademarks and/or domain names without ADR Times’s prior written consent.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the ADR Times Applications by third parties not within ADR Times’s control. ADR Times is under no obligation to, and does not, scan content used in connection with the ADR Times Application for the inclusion of illegal or impermissible content. However, ADR Times respects the copyright interests of others. It is ADR Times’s policy not to permit materials known by ADR Times to infringe another party’s copyright to remain on the ADR Times Applications. If you believe any materials on an ADR Times Application infringe a copyright, you should provide us with written notice that at a minimum contains:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ADR Times to locate the material;
- information reasonably sufficient to permit ADR Times to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THIRD PARTY CONTENT
Our Site may contain Content and other Intellectual Property owned by third parties or protected by copyright, trademark and other intellectual property rights of third parties (Third Party Property). We do not independently verify the business practices of these third parties, and we make no representations and warranties regarding any Third Party Property. The availability of any link or reference of any third party shall in no way constitute an endorsement by us of such third party or by such third party of us. We disclaim any and all proprietary interest in Third Party Property unless otherwise stated in writing.
Third Party Opinions. The ADR Times Applications may contain views, opinions and statements of various third party individuals and organizations. ADR Times neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of the ADR Times Applications. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or Content available through the ADR Times Applications and to seek appropriate advice of professionals, as appropriate.
Linking. To the extent that any ADR Times Application contains links to outside services and resources, ADR Times does not control the availability and content of those outside services and resources. These links are provided solely for your convenience. ADR Times does not endorse or make any representations about these third party sites, or any material found on them, or any results that may be obtained from using them. If you decide to access any of these third party websites you do so entirely at your own risk and acknowledge that these third party sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions which apply to the ADR Times Applications, and ADR Times is not responsible for, and expressly disclaims any and all liability for or related to, the availability of, or the content located on or through, any External Site, its External Site Terms, or any Losses that may arise or result from your navigation to or use of any External Sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. You may link to any page of an ADR Times Application subject to the following conditions:
- you do not replicate the home page of the ADR Times Application;
- you do not use any logos or trademarks displayed on the ADR Times Application without the express written permission of ADR Times;
- the linking website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
- you do not create a frame or any other browser or border environment around the ADR Times Application;
- you only link to freely available content (and not link to any content that is considered Content that is only made to users with a username and password); and
- you do not in any way imply any endorsement by ADR Times other than with its written consent or misrepresent your relationship with ADR Times.
Availability and Use Outside the U.S. Unless otherwise specified, the Content on any ADR Times Application is presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions and protectorates. ADR Times makes no representation that any Content on any ADR Times Application is appropriate or available for use in other locations. Those who choose to access any ADR Times Application from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that Content with local laws, if and to the extent local laws are applicable.
Violations of this Agreement; Injunctive Relief. ADR Times reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access to the ADR Times Applications from a particular account, device or IP address. ADR Times shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from ADR Times’s exercise or its rights under this Agreement.Without limiting the foregoing, you acknowledge that the Content is highly proprietary material in nature and that unauthorized copying, transfer or use may cause ADR Times irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this Agreement by you may be enforced by ADR Times by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
Termination. On termination of your registration account or Subscription, all usage rights to the Content automatically terminate, and you shall immediately cease to use the Content and shall remove any and all electronic copies of the Content from your systems.
ERRORS & INACCURACIES
Our goal is to provide accurate and up-to-date information on our Site. However, our Site may contain typographical mistakes, inaccuracies, errors or omissions, and some information may not be complete or current. We reserve the right to correct any mistakes, inaccuracies, errors or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We will not be liable to you for any mistakes, inaccuracies, errors or omissions on our Site.
If we discover an error in the price of any Merchandise which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a refund.
GOVERNING LAW & VENUE
Jury Trial Waiver. YOU AND ADR TIMES EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
Class Action Waiver. YOU AND ADR TIMES EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All litigations under this Agreement must be conducted on an individual (and not a class-wide) basis.You acknowledge and agree that this Agreement specifically prohibits you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person.
By visiting our Site, or using our Services, or by purchasing any Merchandise from us, you agree that these Terms of Service, and our Policies, will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. You also consent, and agree that any dispute between you and us shall first be resolved through good faith negotiations, and in the event an amicable resolution cannot be reached within 14 days of the dispute arising, the matter will become subject to our Dispute Resolution clause (outlined below). We hereby agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action.
By leveraging a quick, fair, and cost-effective dispute resolution process, we hereby waive our right to litigation and a jury trial. Furthermore, we agree that the dispute shall be resolved by mediation, and ultimately by binding arbitration in Orange County, California in accordance with the Comprehensive Rules and Procedures of JAMS Arbitration, Mediation, and ADR Services (www.jamsadr.com) or its successor then in effect:
- The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms of Service shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth in Paragraph 5 below.
- Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
- The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
- All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
- Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.
- At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 3 above.
- All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
If any part of these Terms of Service is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Service, including but not limited to the right to block access from a particular internet address or you to our Site and/or Services. In addition to any other remedies available to us, we may bring an action or actions for injunctive relief, specific performance or both, and have entered a temporary restraining order, preliminary or permanent injunction, or order compelling specific performance.
You agree to indemnify and hold harmless ADR Times and all of its officers, directors, owners, shareholders, partners, employees, agents, successors and assigns against and from any and all claims, actions, damages, fines, penalties, liabilities, losses, costs and expenses (including without limitation reasonable attorney’s fees, court costs, and travel expenses) arising out of, relating to or in connection with: (i) your use of the Services; or (ii) your purchase, ownership or use of content through the Services.
If you breach these Terms of Service and we opt not to take any action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if in writing signed by a ADR Times executive.