Mediate.com Terms & Conditions of Service

Mediate.com Basic, Premium and Featured Memberships are offered exclusively by Resourceful Internet Solutions, Inc. (RIS), dba “Mediate.com.”  Mediation professionals joining Mediate.com as Members agree to the following terms and conditions:

1. Programs
   1. Overview of Mediate.com Basic Membership Program
      The Mediate.com Basic Membership grants a member access to all public and “Members Only” sections of the Mediate.com website, subscription to the The Mediate.com Weekly Newsletter, a 20% discount on all recorded trainings at MediateUniversity.com, and access to Mediate.com monthly online webinars.
   2. Overview of Mediate.com Premium Membership Program
      The Mediate.com Premium Membership grants a Member access to all public and “Members Only” sections of the Mediate.com website, subscription to the The Mediate.com Weekly Newsletter, a 20% Discount on all recorded trainings at MediateUniversity.com, and access to Mediate.com monthly online webinars.  Further, Premium Membership provides a member with a complete Mediate.com Directory listing, with information provided by each Premium Member.  It is the responsibility of the Premium Member to provide and maintain accurate, truthful and current directory listing information.  Premium Member Directory Listings can be found with the following searches:

       

      • Mediation Practice Areas
      • Location (Country, State/Province, City, Postal Code)
      • Last Name
   3. Overview of Mediate.com Featured Membership Program
      The Mediate.com Featured Membership grants a Member access to all public and “Members Only” sections of the Mediate.com website, subscription to the The Mediate.com Weekly Newsletter, a 20% Discount on all recorded trainings at MediateUniversity.com, and access to Mediate.com monthly online webinars. Further, Featured Membership also provides you with a full Directory listing, as completed by the Featured Member. It is the responsibility of the Featured Member to provide and maintain accurate, truthful and current directory listing information.  Featured Member Directory Listings can be found by the following searches:

       

      • Mediation Practice Areas
      • Location (Country, State/Province, City, Postal code)
      • Last Name

      Still further, Featured Mediate.com Members receive a Featured Professional Spotlight for your region (state, province or country) and local area (city) on the front page of Mediate.com.   Additional Featured Spotlights can be purchased.

      How the Featured Spotlight Works:
      The geographic locations of all visitors to Mediate.com are identified by our system through the visitor’s IP Address. The Featured Membership Spotlight Program enables arbitrators to advertise your services to visitors from your specifically designated geographic area(s).  Your Featured Member Spotlight displays your photograph and name on the front page of Mediate.com so that local visitors can click for direct access to the Featured Member’s complete directory listing.

2. Product Pricing for Mediate.com Memberships
   Professionals have the option of pre-paying for an annual membership or paying monthly with a recurring credit card. In order to receive the annual pre-payment discount (2 months free as compared to monthly), members must commit to participate for at least one year. Professionals paying on a monthly basis may discontinue membership at any time. If you choose to cancel your services (annually or monthly), you will not receive a refund and the cancellation date is immediate. You have full ability to cancel within “My Account” at any time.
3. Changes to Account and Public Facing Descriptions
   It is the responsibility of the Mediate.com Member to update and make any changes to your professional directory information. Mediate.com is not responsible for any inaccuracies, such as professional descriptions, location of services, profile photo, email address, website address, etc., as all information is controlled by the Mediate.com Member.
4. Removal from Mediate.com Membership
   RIS and Mediate.com retain the sole discretion and right to remove professionals from the Mediate.com Directory and/or Featured Placement Program if either: (1) the member fails to timely pay for their membership; or (2) RIS – Mediate.com has good faith and documented professional quality or competency concerns. In the event that a Member is so removed for good faith professional concerns, a pro-rata share of the unused portion of the Mediate.com membership fee shall be returned to the professional.
5. No Warranties
   Neither RIS nor Mediate.com make any warranty or guarantee whatsoever as to the impact of a professional’s Directory or Featured Professional listing.  As with all other forms of advertising, participants in the program must rely on your own judgment as to the impact of this marketing product. Further, for consumers, Mediate.com does not warrant the accuracy, completeness, currency, or reliability of content nor data listed by Members in the Mediate.com Directory.  RIS and Mediate.com expressly disclaim all warranties and conditions regarding any Mediation or other professional services offered or performed.
6. Severability
   The terms and conditions in this document are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any of the other remaining provisions.
7. Modification of Terms & Conditions
   RIS and Mediate.com may at any time modify these terms and conditions. Mediate.com Members shall be provided with at least 30 days’ prior notice of any such modification.
8. Limitation of Liability
   RIS and Mediate.com assume no responsibility, and shall not be liable for, any loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arise out of or is in any way connected to an Mediate.com Membership. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery.
9. Legal Expenses
   In the event any legal action is instituted between the parties in connection with this Agreement, the prevailing party, in addition to any other rights and remedies it may have, shall be entitled to reimbursement of its expenses, including court costs and reasonable attorneys’ fees. Each party agrees to first mediate online any dispute prior to the institution of any court proceeding. Each party will pay one-half or all mediation fees and costs.
10. Force Majeure
    Mediate.com shall not be responsible or liable for nonperformance or delays in performance occasioned by any causes beyond the company’s reasonable control, including, but not limited to, any labor difficulties, strikes, delays of vendors or carriers, fires, explosions, floods, casualties, acts of God, war, riots, acts of terrorism, or governmental actions.
11. Governing Law
    This agreement and its performance shall be governed by and construed in accordance with the laws of the State of Oregon.
12. Entire Agreement
    The terms and provisions contained in this Agreement constitute the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all other agreements, written or oral, between the parties as to the subject matter hereof.