INTRODUCTION AND ACCEPTANCE
Your access to some Online Services may be subject to certain membership and/or registration requirements in AAA's discretion. The Online Services include an Internet-based alternative dispute resolution system through which You may have Your arbitration or mediation proceedings conducted online, as administered by AAA via AAA WebFile® ("WebFile").
INTERNET AND WIRELESS ACCESS, DATA CHARGES
Certain of our applications may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. AAA will not be responsible for any such data access fees and charges in connection with your use of any Online Services. 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 any applicable wireless carrier, network operator and/or data access provider and pay any service fees associated with such access, and (b) provide all equipment necessary for You to make such access and connection, including a Device, software and a means of connecting to or accessing the Internet and/or applicable network or platform. AAA shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from Your use of the Portal.
PEER GROUPS, VISITOR CONTENT
Subject to any privacy and confidentiality obligations of AAA with respect to Your use of the Online Services (including WebFile), by submitting or sending Visitor Content to AAA or otherwise making Visitor Content available for display on or through the Portal, You grant AAA 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.
Other than under dispute resolution proceeding(s) and in connection with our education and e-voting Online Services, AAA does not solicit nor does it wish to receive any confidential, secret or proprietary information, personal data, or other material from You through the Portal, any of its services, by e-mail, or in any other way, and, subject to any applicable privacy and confidentiality obligations of AAA, any information or material submitted or sent to AAA 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, other than under Your arbitral proceeding(s) or those protected by applicable privacy or confidentiality laws or other requirements, may be used by AAA in any manner.
You may not upload, post, e-mail or otherwise transmit any Visitor Content on or through the Portal that: (i) infringes any proprietary or privacy 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 AAA 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 Services, WebFile, 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.
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 AAA in any way and AAA 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 AAA's endorsement of or association with the Linked Sites.
DISCLAIMER OF WARRANTIES
THIS PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, AAA 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 SERVICES AND WEBFILE, 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 AND CONSULT OF A LICENSED ATTORNEY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AAA 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 SERVICES AND WEBFILE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF AAA 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 AAA 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 SERVICES AND WEBFILE. IN NO EVENT SHALL THE TOTAL LIABILITY OF AAA 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 SERVICES AND WEBFILE, EXCEED, IN THE AGGREGATE, THE AMOUNT OF PORTAL USE FEES, IF ANY, PAID BY YOU TO AAA TO USE THE PORTAL.
MAINTENANCE OF ACCOUNTS, PORTAL AND ONLINE SERVICES
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.
Eric P. Tuchmann, Esq.
Office of the General Counsel
American Arbitration Association, Inc.
120 Broadway, 21st Floor
New York, NY 10271
Phone: (212) 716-5800
Fax: (646) 663-3074
CHOICE OF LAW
AAA has right to disclose to Parties background information about arbitrators, mediators and other neutrals (Neutrals) which was previously provided to the AAA by such Neutrals. Neutrals acknowledge that such background information is intended to be used by the Parties when selecting Neutrals.
ARBITRATOR ONLINE EDUCATION SERVICES
AAA reserves the right to cancel or suspend any Arbitrator training or development courses offered in the Online Services.