The use of
this site is governed by this User Agreement (“Agreement”), including the
general disclaimers and privacy policy, set forth below. Please read it
carefully. By accessing or using this website, you agree to these Terms and
Conditions.
E-Arbiter. Com (the
“E-Arbiter”) may, in its sole discretion, update this Agreement at any time,
by posting additional or amended Terms on the Website. The revised or amended
Agreement shall be effective upon posting. Any access to or use of the Website
following such update is an agreement to such updated Terms. Visitors and
Parties are therefore encouraged to refer back to this page regularly. This
Agreement may not be otherwise amended without the written consent of the
E-ARBITER.
GENERAL
DISCLAIMERS
Use of Services
No one may use or reproduce any information presented on this website, subject
to any specific terms of use that might appear with such information, provided
that the use of such information is accompanied by an acknowledgement of the
source.
The E-ARBITER makes every effort to ensure, but cannot and does not
guarantee, and makes no warranties as to, the accuracy, accessibility, integrity
and timeliness of this information. The E-ARBITER assumes no liability or
responsibility for any errors or omissions in the content of this site and
further disclaims any liability of any nature for any loss howsoever caused in
connection with using this Website. The E-ARBITER may make changes to these
materials at any time without notice.
Hyperlinks to other websites are provided as a convenience only, and imply
neither responsibility for, nor approval of, the information contained in those
other websites on the part of E-ARBITER. The E-ARBITER makes no warranty, either
express or implied, as to the accuracy, availability, reliability or content of
such information, text, graphics and hyperlinks. The E-ARBITER has not tested
any software located on other sites and does not make any representations as to
the quality, safety, reliability or suitability of such software.
While the E-ARBITER makes every effort to ensure that any software available to
be downloaded from its Website is free of any software virus, it cannot
guarantee that the material is free from any or all software viruses. The
E-ARBITER is not responsible for any loss or damage howsoever caused by the
software and related codes, including viruses and worms.
PRIVACY
POLICY: INFORMATION COLLECTION AND USE
General
Visitors and Parties understand and agree that the E-ARBITER may collect,
maintain, and process information provided by them to the E-ARBITER.
Public Areas of the Website
Visitors and Parties may visit the public areas of the Website without
disclosing any personal information about themselves. However, Visitors will
have the opportunity to request or receive information from the E-ARBITER, in
which case an e-mail or other address or contact information may be required in
order to allow the E-ARBITER to comply with the request, and for other purposes
as may be disclosed at the time the request is made.
Contact Information
In order to access or use information and services offered by the E-ARBITER, the
E-ARBITER may require Parties to provide, among other things, contact
information such as user ID, password, name, title, department, business
address, business telephone number, business e-mail address and other contact
information. The E-ARBITER may also use contact information to communicate with
Parties regarding proceedings, changes in Website functionality and/or other
E-ARBITER services, features, billing, help desk and other activities relating
to the operation of the website, procedures, or services. The E-ARBITER may
disclose the contact information of a Party to administrators, arbitrators
and/or other Parties who are designated by such Party (through such Party's use
of the website or otherwise) to be provided access to such information. At your
option, some portions of your contact information may be made available to other
users of the Website in online directories, search features and/or Peer Groups.
The E-ARBITER may also use contact information to send Parties information about
products or services available on or through website and offers made available
by its partners, which may be sent by the E-ARBITER or the E-ARBITER partner
making the offer.
Other terms relating to confidential information and materials a Party submits
to the E-ARBITER in the course of such Party's ADR proceeding may be set
forth in the E-ARBITER Code of Procedure and/or any other agreement
between the Parties.
Usage Data
The E-ARBITER may record and collect information about how Visitors and Parties
use the Website. This data may include a Visitor's or Party's domain name,
language, type of browser and operating system, Internet Service Provider,
Internet protocol (IP) address, the website from which they arrived at the
Website, the amount of time spent on the Website and the ways in which they use
the Website (collectively, "Usage Data"). The E-ARBITER may monitor
and use Usage Data in aggregated form to measure the Website's and other
E-ARBITER services' performance and activity and improve the Website's design
and functionality. The E-ARBITER may also use Usage Data in aggregated form to
develop and distribute to third parties statistical and other information about
how the Website and E-ARBITER services are used and for other marketing
purposes. The E-ARBITER may also disclose aggregate Usage Data to other Visitors
and Parties. The E-ARBITER may also use Usage Data in unaggregated form to
investigate and prosecute security violations or to identify the particular
Visitor or Party who engaged in particular transactions.
Cookies
“Cookies” are pieces of information that are placed on a User's computer
hard drive to enable the individual to more easily communicate and interact with
the Website. The E-ARBITER may use cookies to customize your experience on the
Website. The E-ARBITER may also use cookies to record how many times a user has
visited our Website and what pages the user has accessed. You may, however,
disallow receiving cookies at any time through your Web browser, although this
may affect the usability of the Website. It is not our intention to use cookies
to retrieve information that is unrelated to our Website or your interaction
with our Website.
Review/Change Contact Information
Requests to review or change Contact Information previously provided on or
through the Website may be made to the E-ARBITER by sending an e-mail to the
E-ARBITER Data Controller at info@eadrline.com.
Linked Sites
The E-ARBITER may provide links to third parties' websites ("Linked
Sites") from the Website. Linked Sites are not necessarily reviewed,
controlled or examined by the E-ARBITER in any way and the E-ARBITER is not
responsible for the privacy policies and practices of any such Linked Sites, or
any additional links contained therein. These links do not imply the E-ARBITER's
endorsement of or association with the Linked Sites.
Disclosure Pursuant To Law
The E-ARBITER may make information concerning Visitors, Parties, the Website,
and the uses thereof, available to law enforcement personnel and agencies as
required by law or in order to enforce the Use Agreement, and may disclose such
information if required by law or a judicial or governmental order or subpoena.
Where permitted by law, the E-ARBITER may also disclose such information to law
enforcement personnel and agencies, or use such information as part of legal
process, in order to protect its property or in furtherance of an investigation
regarding a breach of its rules and policies or any unauthorized access to or
use of the Website, or any illegal activities concerning a particular Visitor or
Party.
Consent To Processing
By using or providing information to the Website or the E-ARBITER, Visitors and
Parties understand and consent to the collection, processing and use of such
information in the United States and other countries and territories.
Service Providers
The E-ARBITER may utilize third parties to provide or perform certain services
and functions on the Website and services described on the Website. For example,
the E-ARBITER may use a website tracking evaluation firm to analyze Visitor and
Party's use of the Website, and the E-ARBITER may use third party suppliers to
provide certain functionality and services provided the E-ARBITER. The E-ARBITER
will make information concerning Visitors and Parties and their use of the
Website and E-ARBITER services available to these service providers and business
partners, as necessary, to perform these functions and services. The service
providers may be located throughout the world; therefore information relating to
Visitors and Parties may be sent worldwide to countries which have a different
level of privacy protection than the U.S. or a Visitor's or Party's country
of residence.
Transfer of Information
In the event of a sale, merger, consolidation, reorganization, liquidation,
dissolution, change of control or sale or transfer of the substantial assets of
the E-ARBITER, information collected via or stored on the Website or with
E-ARBITER may be sold, assigned or transferred to a party acquiring all or
substantially all of the equity and/or assets of the E-ARBITER related to the
Website. The E-ARBITER may also transfer such information to its subsidiaries
and affiliates involved in the operation of the Website or the E-ARBITER.
Security
The E-ARBITER takes seriously the security of your personal information. The
E-ARBITER has therefore implemented technology and security policies and
procedures intended to reduce the risk of accidental destruction or loss, or the
unauthorized disclosure or access to, such information, reasonably appropriate
to the level of the data concerned. However, due to the open communication
nature of the Internet, we cannot guarantee that communications between you and
the Website, and the Website and you, or data stored on the E-ARBITER's systems,
will be free from unauthorized access by third parties.
Arbitration
By accessing this Website and using the information therein available and/or by
using or purchasing any products or services made available through this site,
you agree with the E-ARBITER, website operators, E-ARBITER service providers,
affiliates, parents, subsidiaries and any content provider or offeror of goods
or services on this site or through any other associated activity, that any
claim or dispute you may have against or with any of these persons or entities,
whether related to the described transactions or otherwise, including the
enforceability of this arbitration agreement, will be resolved by binding
arbitration under the Code of Procedure of the National Arbitration
FORUM(the "Code") in effect at the time the claim is filed, except the
parties shall mutually select the arbitrator who shall administer and conduct
the arbitration. The Code is available at www.eadrline.com . This arbitration
agreement is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16) and
the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C.
Sections 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code.