PART B - Terms and Conditions of Instant Mediations, a brand owned and operated by InstantMediations, LLC.
Please read these terms and conditions carefully before using Our Service.
INTERPRETATION AND DEFINITIONS
-Refer to INTERPRETATION AND DEFINITIONS section above in Part A.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and IM. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
USER MEMBERSHIP ACCOUNTS
When You create an account with us, you guarantee that you are above the age of 18, and You must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of IM and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of IM.
A password is required to access and use the site. A password is also required to access the Zoom.us platform that is utilized in the IM platform. You are solely responsible for (1) maintaining the strict confidentiality of the password assigned to you, (2) instructing any individual to whom you disclose your password not to allow another person to use your password to access the Site without your express permission, (3) any charges, damages, or losses that may be incurred or suffered as a result of your failure, or the failure of any individual using your password, to maintain the strict confidentiality of the password, and (4) promptly informing us in writing of any need to deactivate a password due to security concerns. We are not liable for any harm related to authorization, disclosure or theft of your password. You agree to immediately notify us of any unauthorized use of your password. You will be liable for any use of the Site through your password. Additionally, you are liable for any unauthorized use of the Site until you notify us of any security breach.
YOUR FEEDBACK TO US
You assign all rights, title and interest in any Feedback You provide IM. If for any reason such assignment is ineffective, You agree to grant IM a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by IM.
IM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that IM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
If you wish to terminate your account, you may simply discontinue using the Service, and if you are a mediator member, cancel your membership through the cancellation option on InstantMediations.com.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, Your right to use the Service will cease immediately.
You agree to defend, indemnify and hold harmless IM and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. As a mediator member of the IM network of mediators, you agree to defend the IM platform against allegations of wrongdoing by your mediation clients when those clients commence claims against IM for negligence and breach of contract.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of IM and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall IM or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if IM or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, IM, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, IM provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither IM nor any of IM's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of IM are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of Texas, United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute by contacting IM. If a dispute is not resolved by contacting IM, before commencing litigation, at least 60 days before filing a lawsuit, you agree to enter formal mediation with a credentialed mediator to be chosen by you and IM.
FOR EUROPEAN UNION (EU) USERS
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
NOT LEGAL ADVICE
These Terms and Conditions do not constitute legal advice, nor is the information found on InstantMediatinos.com or its related websites legal advice. Additionally, consuming content on InstantMediations.com does not establish an attorney-client relationship with IM or IM’s employees.