This Featured Membership is offered exclusively by Resourceful Internet Solutions, Inc. (RIS), dba Mediate.com. Each and all professionals participating in the Featured Membership accept and agree to the following terms and conditions:
I. Featured Membership
a. Overview of Program
All visitors to Mediate.com are asked to identify their zip. The Featured Membership enables professionals to advertise their services to visitors from their specifically designated zip code(s) and, in doing so, have their name and photograph on every page of Mediate.com that visitors from their designated zip code(s) access. Visitors are able to click on the profess’s name to link to the professionals Mediate.com Membership bio.
b. Process and Practice Areas
The Featured Membership is divided into practice areas such as Family & Divorce, Civil & Legal, Business & Commercial, Workplace & Employment and such other practice area designations as may be established in the discretion of RIS and Mediate.com. Mediators choose the zip code and designated practice area for which they would like to submit an application. Mediators have the option of applying for multiple zip codes and practice areas.
c. Presentation of Featured Memberships
All Featured Memberships for a given zip code will appear on every page of Mediate.com that visitors from that zip code access. For Mediators, The information is listed by category on the front page of Mediate.com and the order of the categories randomly rotates within the Featured Mediators display box located in the middle of the site. All mediators for a particular zip code will show up on every page that viewers from that zip code access.
d. Information Presented in Featured Memberships
Within a Featured Listing, participants may list their full first and last name and one middle initial. No degree nor professional certification information / initials may be included. By clicking on the participating professional’s name, a visitor links to the Mediators Mediate.com profile.
II. Application Process
a. Featured Membership Application Form
Professionals desiring to become a Featured Member agree to (1) accept the terms and conditions of the program contained in this document, and (2) confirm that they meet Mediate.com’s basic requirements for mediators (see Section IIb for a list of basic requirements).
b. Basic Requirements for Featured Membership
In order to participate in the Featured Membership, mediators must meet the following requirements:
Mediate.com reserves the right to change these standards based upon prior notice to participants.
c. Product Pricing
Mediators accepted into the Featured Membership Program have the option of either pre-paying for an annual listing spot (at a discount), or paying monthly with a credit card. In order to receive the annual pre-payment discount, mediators must commit to participate in the program for one year. Mediators paying on a monthly basis may discontinue their participation in the program at the end of any given month.
III. Changes to Featured Membership Information
All desired changes to Featured Membership information must be made through Mediate.com’s “My Account” and is you, the customers responsibility to keep up to date.
IV. Removal From Program
RIS and Mediate.com retains the right to remove professionals from the Featured Membership Program if either: (1) they fail to pay for their current listing (e.g., check not received before month / year that new listing period begins or credit card approval denied), or (2) RIS – Mediate.com has quality / competency concerns. In the event that a mediator is removed from the program in RIS – Mediate.com’s sole discretion, the pro-rata share of the unused portion of his or her listing fee will be returned to the professional.
V. No Warranties
Neither RIS nor Mediate.com make any warranty or guarantee as to the impact of a professional’s Featured Membership listing. As with all other forms of advertising, participants in the program must rely on their own judgment as to the impact of this product on their business. RIS – Mediate.com does not make any warranty of any kind regarding the Featured Membership, which is provided on an “as is” basis. Furthermore, for consumers, Mediate.com does not warrant the accuracy, completeness, currency, or reliability of content or data listed by participants in the Featured Membership, and RIS and Mediate.com also expressly disclaim all warranties and conditions regarding mediation and other professional services offered or performed.
VI. Severability
The terms and conditions in this document shall be deemed 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.
VII. Modification of Terms & Conditions
RIS and Mediate.com may at any time modify these terms and conditions. In the event that these terms and conditions are modified, Mediate.com will provide all participants in the Featured Membership with notice of the change.
VIII. 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 arises out of or is any way connected with the Featured Membership Program. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery.
IX. Indemnification
Participants in the Featured Membership Program agree to indemnify and hold RIS – Mediate.com and it’s subsidiaries, affiliates, officers, directors, agents, consultants, and employees harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising our of the participant’s breach of this agreement, or the participant’s violation of any law or the rights of a third party. RIS – Mediate.com’s failure to act with respect to a breach by the participant or others does not waive its right to act with respect to subsequent or similar breaches.
X. Governing Law
This agreement and its performance shall be governed by and construed in accordance with the laws of the State of Oregon.
XI. 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.
