NADN Terms and Conditions
Your use of this site (referred to hereafter as "Web Site") is bound by the following terms and conditions of use. If you do not agree to be bound by these terms and conditions, cease your use of this site immediately.
This Web Site is a service made available by NADN empowering legal professionals to connect with ADR professionals. As the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professional legal counsel in his or her jurisdiction regarding the applicability of any points of law discussed at this Web Site to any specific problem. To this end, use of this website does NOT establish a attorney-client relationship. This Web Site should not be used as a substitute for competent legal advice.
Permitted Uses. You may use this Web Site and directory solely for internal, personal, non-commercial purposes. All other uses are in breach of these terms and conditions and a breach of copyright laws.
1. Advice To Users Of Our Site
This Web Site contains a searchable directory of ADR Professionals (hereinafter referred to as "Listees"). The Listees provide the information contained in their member profiles, CVs and biographies. Although NADN requests references from these ADR Professionals on registration and performs due diligence interviews, NADN does not warrant the validity of the information, nor does it guarantee the quality of the services of these Listees. NADN does not review the content of the listings that are provided by the Listees or any links to respective sites.
NADN is not responsible for any material or information contained in any linked sites submitted by Listees. A description or indication of the scope of experience (or other information) about a Listee does not mean that any agency or board has certified such Listee in any indicated practica area, nor does it mean that such Listee is necessarily any more expert or competent than any other professional. All users of the Web Site are encouraged to make their own independent investigation and evaluation of any Listee they might consider hiring for mediation or arbitration purposes.
2. No Legal Advice or Attorney-Client Relationship Established
Information contained on or made available through the Web Site is not intended to and does NOT CONSTITUTE LEGAL ADVICE, recommendations, mediation or counselling under any circumstance and no attorney-client relationship is formed. From a legal perspective, nothing submitted to the Website is treated as confidential. NADN does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Web Site. Your use of information on the Web Site (or materials linked from the Website) is entirely at your own risk. NADN does not receive any percentage of any Listee's fees and any arrangements subsequently made by you and any Listee are strictly between you and such party and do not involve NADN in any way.
3. Committee Members Indemnity
ADRWeb Inc., dba as NADN, is a privately held corporation and is responsible for all decisions and actions related to Academy business (including final decision as to whether to admit new members and all related organizational communications). All parties must note that our appointed national/state committee members are not officers or elected board members of the organization and thus have full indemnity against any claims brought against NADN or our related corporations and subsidiaries.
4. Membership Limitations
Listees are reminded that in purchasing their 'subscription' to the Website, they are granted a limited licence for their individual use and that of ONE other person, allowed to use the same login password. It is your responsibility to ensure you provide NADN. with accurate, complete registration information, and to advise us of any changes to your email address. Further, each registration is for your personal use only; it is your responsibility to ensure that nobody other than yourself and the designated user are allowed access to your profile details.
(If at any point you believe your security has been compromised, please contact firstname.lastname@example.org to report.)
5. Right of Access to Data
NADN reserves the right to block access to our server(s), for any reason. Our firewall and monitoring software will automatically "ban" IP addresses that have been found to draw down data in large volumes, or repeatedly hit the server(s) at high refresh rates (e.g.; "DOS" or "SQL" attacks). We also automatically block parties known to be soliciting business via the NADN database. As of March 2015, blocked users will also see a 'Security Notification' webpage, providing them with details to allow them to proactively contact NADN staff to request to have any such block reconsidered.
6. Submitted Data
Website visitors agree not to submit any messages, data, information, text, or links or other material which are unlawful or abusive in any way, or which are not related to the purposes of the website (See ABOUT page). NADN reserves the right to delete any content for any reason without permission. Participants shall not misrepresent their identity or their affiliation with any person or entity.
7. Attorney & ADR Professional Ethics
You acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. These rules include, but are not limited to advertising, solicitation of clients, unauthorized practice of law and misrepresentations of fact. NADN disclaims all responsibility for your compliance with these rules.
8. License of Listees' Content
By submitting your details and materials to this website, listees grant (or warrant that the owner of such rights has expressly granted) NADN to make such materials available publicly for visitors to view. Listees agree that NADN has no liability for your submission of graphic content or text materials that are imported for publication upon your consent.
9. Incorrect Information
NADN does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We also do not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or reliable. NADN may make improvements and/or changes to features, functionality or content of this website at any time.
10. DISCLAIMER & LIMITATION OF LIABILITY
This Website is provided on an "as-is" basis. NADN expressly disclaims all warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. NADN disclaims all responsibility for any loss or claim or liability of any kind in any way related to use of this site. NADN will not be liable for any loss or damage of any kind resulting from your use of the Website. To the extent any such limitation on liability is prohibited, NADN's sole obligation to the user for damages will be $1. NADN reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including reporting such activity to third parties and the banning of IP addresses from further website access.
You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless NADN from any third party claim, action, demand, loss, or damages (including attorney fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web Site, or your violation of any rights of a third party.
12. Governing Law, Jurisdiction and Non-Waiver
These Terms and Conditions of Use are governed by and construed in accordance with the laws of the Province of Ontario, Canada and any action arising out of or relating to them shall be filed only in provincial courts located in Toronto, Ontario and you hereby consent and attorn to the jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
13. Severability of Provisions
These Terms and Conditions of Use Incorporate by reference all requirements, notices and disclaimers contained on the Web Site and constitute the entire agreement between you and NADN with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
NADN reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of Web Site after any such changes constitutes your consent to such changes.
15. Intellectual Property Rights
All graphics, text, logos and intellectual property not submitted by you are the copyright of NADN. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other Intellectual property rights) in this Web Site and its content belong to NADN., its licensors, or Listees, as applicable.
About ADRWeb Inc.
Lynn Bevan, a lawyer and Chartered Mediator based in Toronto, Canada, was the founder of ADR Web Inc. and its first President. The Company was incorporated in 2004 to provide information about and availability of qualified dispute resolution professionals. Following Lynn Bevan's retirement from the corporation in 2006, Darren A. Lee became the sole shareholder and President of ADRWeb Inc. and, thereafter, formed the National Academy of Distinguished Neutrals (NADN). Darren has acted as NADN's Executive Director since its inception in 2008.