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Legal / Terms & Conditions of Use

1. Terms & Conditions / Usage Disclaimer

The following terms and conditions govern the use of this website.

This website is provided for informational purposes only; no legal advice is intended and your access to this site does not create any attorney-client or other relationship. No offer of service is made by this site; services are available only where allowed by applicable law. SVAMC does not provide legal services.

2. Ownership / Trademarks

This site is owned and subject to the intellectual property rights of Silicon Valley Arbitration & Mediation Center, Inc. (“SVAMC”). Silicon Valley Arbitration & Mediation Center, SVAMC, The List of the World’s Leading Technology Neutrals, The Tech List, Global Technology Dispute Resolution Council, GTDRC and related marks are service marks which may not be used without express permission.

3. User License

Creative Commons License

Except where otherwise provided, the content on this site is owned by Silicon Valley Arbitration & Mediation Center, Inc. and, except where otherwise provided, is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License. You are free to copy this work under the license terms including the condition that you attribute the work to “Silicon Valley Arbitration & Mediation Center (www.svamc.org)”.

4. No Warranties

Reference to any person or company is for informational purposes only and no endorsement for or by any other entity is made or to be implied. NO WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS ARE PROVIDED and any liability is limited to the maximum extent permitted by law.

SVAMC does not administer ADR matters or provide Neutral services. All user engagements with any neutrals who are SVAMC members are made directly with the Neutral or the administering ADR institution and not with SVAMC. The Tech List is provided as a service to assist users in their assessment of Neutral qualifications and does not constitute a guarantee. It remains the responsibility of the user to verify that a Neutral has appropriate qualifications for a particular matter.

5. Non-Profit Status and Public Records Inspection

SVAMC is a California Non-Profit Private Foundation. Private Foundation Public Inspection Documents available here.

SVAMC is a 501(c)(3) tax-exempt non-profit organization. Please consult with your tax advisor to determine whether a donation you make to SVAMC is tax deductible in whole or in part.

6. Use of Cookies and other Web Technologies.

Like many websites, SVAMC’s sites may use automatic data collection tools, such as cookies, web logs, web beacons or embedded technologies. These tools help make your visit to our website easier, more efficient and more valuable by providing you with a customized experience and recognizing you when you return. Our sites also includes widgets, which are interactive mini-programs that run on our site to provide specific services from another company (e.g. displaying the news, opinions, music, etc). More information on these technologies is provided in our Privacy Policy.

7. Links to Third Party Sites.

This website may contain links to third party sites. Access to any other Internet site linked to this website is at the user’s own risk and SVAMC is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. SVAMC provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

8. Security, Prohibited Uses and Termination.

You agree not to access or use the website in any manner that could damage, disable, overburden, or impair any SVAMC or related computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the website or related computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the website or any related computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the website or any related computer systems or networks without SVAMC’s express written permission.

Access to and use of any password protected and/or secure areas of the website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the website may be subject to termination or limitation of access to the website and prosecution.

You agree not to use the website or content provided on or through the Website for any purpose that is unlawful or prohibited by law or by these Terms and Conditions. You agree to notify SVAMC immediately if you become aware of any unauthorized or prohibited use.

You agree to indemnify and hold harmless SVAMC, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of content that you share, your violation of the Terms and Conditions or your violation or infringement of any third party rights.
SVAMC may, in its sole discretion, at any time discontinue providing or limit access to the Website. You agree that SVAMC may, in its sole discretion, at any time, terminate or limit your access to or use of the website. You agree that SVAMC shall not be liable to you or any third-party for any termination or limitation of your access to or use of the website.

9. Privacy Policy.

SVAMC is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see SVAMC’s Privacy Policy. Any personal information collected on this website will be treated in accordance with the Privacy Policy.

10. Copyright Policy/DMCA.

You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account or terminate or limit access to the Website to any user whose activity with respect to the website is alleged to have infringed the copyright or proprietary rights of another.

SVAMC assumes no obligation to monitor or screen any third party content on the Website; however, SVAMC reserves the right to review third party content on the website, to monitor all use and activity on the website, and to remove or choose not to make available on or through the website any content at its sole discretion. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide written notice with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
A description of the copyrighted work or other work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our sites, networks or other repositories;
Your address, telephone number, and email address;
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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;

Any notices regarding copyright concerns should be sent as follows:

SVAMC
RE: Legal – Copyright
info@svamc.org

If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

11. Applicable Law.

Use of this website and these Terms & Conditions are governed by the laws of the State of California without reference to its choice of law provisions. Any and all disputes arising out of or relating to these terms and conditions or the use of any SVAMC website shall be resolved by binding arbitration in Palo Alto, California, USA under the rules of the American Arbitration Association. You agree that the federal and state courts for Santa Clara County, California, USA have exclusive jurisdiction over all such claims including with respect to enforcement of arbitration provisions.

These Terms and Conditions do not apply to the extent they are preempted or otherwise prohibited by applicable federal, state or other laws. To the extent provisions herein do not apply, all other terms remain in full force and effect.

This site may be deemed by various jurisdictions to constitute ADVERTISING.

12. Entire Understanding.

These Terms and Conditions constitute the entire understanding between SVAMC and each user regarding this website. No additional terms or waiver will be implied or effective as to any user except in a writing signed by an authorized officer of SVAMC.

13. Updates to these Terms & Conditions

SVAMC may update these terms and conditions at any time. We will post a notice to whenever these terms & conditions are materially changed. Your continued use of the SVAMC website after any change will signify and confirm your assent to those changes.

14. Questions or comments?
We value your opinions. Should you have any questions or comments related to these Terms & Conditions, please contact:

SVAMC
RE: Legal – Website
info@svamc.org

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