The ADR Blog (ADR Speaks) Terms of Service (“Agreement”)

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using http://blog.adrindia.org/ (“the Site”) operated by The ADR Blog (“us”, “we”, “ADR Speaks” or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://blog.adrindia.org/.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The ADR Blog without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.

Intellectual Property

The Site and its original content, graphic, images, videos, features and functionality are owned by The ADR Blog and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by the ADR Blog.
The ADR Blog has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Promotions

In addition to these Terms of Service, any surveys or similar promotions (collectively, “Promotions”) made available through the Site (or Service) may be governed by specific or special rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We recommend that you review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy, which, in addition to these Terms of Service, governs any information you submit in connection with such activities. To the extent that the Promotion’s terms and conditions conflict with these Terms of Service or Privacy Policy, the Promotion’s terms and conditions shall prevail and control.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of India and the United States(USA) without giving effect to any principles of conflicts of law.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

If you have any questions about this Agreement, please contact us.

Website:  http://blog.adrindia.org/
Email: [email protected]

Arbitration

For any disputes or discrepancies you may have with the ADR Blog, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.

The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Copyright and trademark notices

All contents of the http://blog.adrindia.org website are Copyright © 2014 The ADR Blog (ADR Speaks) and/or its suppliers, affiliates and partners. All rights reserved.

Disclaimer: The images, products, services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied and shall remain under the ADR Blog possession unless agreed upon by the ADR Blog and user/client.

THE ADR BLOG SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

The ADR Blog takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

 

Indemnification

Your use of our Site constitutes your agreement to defend, indemnify, and hold harmless the ADR Blog and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys’ fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Site by a third party even if using your password.  This Indemnification section of the Terms of Service survives termination of your account with our Site or your ongoing use of our Site/Service.

No Waiver

No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and the ADR Blog’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision

Notices and procedure for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.

DMCA Notice

Please click here for more information

This Agreement was last modified on November 28, 2014.

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