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MediatorDirect Terms & Conditions
The MediatorDirect Program is offered exclusively by Mediate.com. Mediators participating in MediatorDirect accept and agree to the following terms and conditions:
I. MediatorDirect Program Description
a. Overview of Program
All visitors to Mediate.com are asked to identify their area code. The MediatorDirect Program enables mediators to advertise their services to visitors of the Mediate.com website to one or more specific area codes. Participants in the MediatorDirect program have their name listed on every page that visitors from designated area codes access. Visitors are able to click on the mediator’s name to link to the mediator’s web site or Mediate.com referral listing.
b. Practice Areas
MediatorDirect is divided into practice areas including Family & Divorce, Civil & Legal, Business & Commercial, Workplace & Employment and such other practice area designations as may be established in the discretion of Mediate.com. Mediators choose the area code and practice area for which they would like to submit an application. Mediators have the option of applying for multiple area codes andr practice areas. There is, however, a limit of 12 mediators in each area code and no more than 4 mediators in any practice area.
c. Presentation of MediatorDirect Listings on Mediate.com
All MediatorDirect listings for a given area code will appear on every page that visitors from that area code access. The information will be listed by category and the order of the categories will randomly rotate within the MediatorDirect display box. The MediatorDirect box will appear on the opening screen of each page of Mediate.com. Often, all MediatorDirect mediators will appear on the first screen. It is also possible that visitors will need to scroll down to see all of the names in the MediatorDirect box. This depends upon the number of mediators listed in a particular area code and the browser settings of the visitor. All mediators for a particular area will show up on every page that viewers from that area code access. The order of the mediators listed within a particular practice area will be determined on a first-come, first-served basis. As long as a listed mediator continues to be eligible for the program (by continuing to meet the minimum qualification requirements and maintaining a continuous listing), that mediator will maintain his or her listing position. If a mediator’s listing is disrupted for any reason (e.g., lack of payment), that mediator will lose his or her position within the practice area.
d. Information Presented in MediatorDirect Listing
Within the MediatorDirect box, MediatorDirect 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 mediator’s name, a visitor will be able to link to either the mediator’s web site or the mediator’s Mediate.com referral listing.
II. Application Process a. MediatorDirect Application Form
Mediators desiring to join the MediatorDirect Program need to fill out the MediatorDirect application form. As a part of the submission process, mediators 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 (see Section IIb for a list of basic requirements). Mediate.com will inform all applicants of whether they have been accepted into the program or not within 10 business days from the date on which their application is received.
b. Basic Requirements for MediateDirect Mediators
In order to participate in the MediatorDirect Program, mediators must meet the following requirements:
- subscribes to Mediate.com's required standards of mediation practice
- has at least 40 hours of mediation training
- agrees to take part in at least 12 hours per year of continuing mediation education
- has mediated at least 10 cases for at least 40 hours
Mediate.com reserves the right to change these standards based upon prior notice to participants.
c. Product Pricing
Mediators accepted into the MediatorDirect 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. Mediate.com guarantees that there will be no price increases instituted for existing participants prior to April, 2006, assuming that the participants have continuously maintained their listing throughout the entire time period.
III. Desired Changes to MediatorDirect Listing Information
All desired changes to MediatorDirect listing information must be made by a Mediate.com staff person. Participants in the program wishing to make changes to their listed information should contact mediate@mediate.com. These changes include: (1) changes to name information included in MediatorDirect box; and (2) changes to URL where visitors are directed when they click on the participant’s name.
IV. Area Code Splits
In the event that an area code splits into two different area codes, the existing MediatorDirect customers will have the option to choose which of the two area codes they would like to retain. They will also have a right of first refusal (good for 30 days after the public announcement of the intended area code split) to apply for the other area code listing. If mediators wish to be listed in both of the area codes, however, they will need to purchase the second area code separately.
V. Removal of Mediators From Program
Mediate.com retains the right to remove mediators from the MediatorDirect 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, credit card approval denied), or (2) Mediate.com has quality / competency concerns. In the event that a mediator is removed from the program, the pro-rata share of the unused portion of his or her listing fee will be returned to the mediator.
VI. No Warranties
Mediate.com makes no warranty nor guarantee as to the impact of a MediatorDirect 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. Mediate.com does not make any warranty of any kind regarding the MediatorDirect Program, 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 MediatorDirect program, and Mediate.com also expressly disclaims all warranties and conditions regarding mediation services offered or performed.
VII. 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.
VIII. Modification of Terms & Conditions
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 MediatorDirect program with notice of the change.
IX. Limitation of Liability
Mediate.com assumes 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 MediatorDirect Program. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery.
X. Indemnification
Participants in the MediatorDirect Program agree to indemnify and hold 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. 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.
XI. Governing Law
This agreement and its performance shall be governed by and construed in accordance with the laws of the State of Oregon.
XII. 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.
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