Featured Placement Terms & Conditions
This Featured Placement Program is offered exclusively by Resourceful Internet Solutions, Inc. (RIS), dba Mediate.com. Each and all professionals (mediators, arbitrators, collaborative professionals and parenting oordinators) participating in the Featured Placement Program accept and agree to the following terms and conditions:
I. Featured Placement Program
a. Overview of Program
All visitors to Mediate.com are asked to identify their area code. The Featured Placement Program enables mediators, arbitrators, collaborative professionals and parenting coordinators to advertise their services to visitors from their specifically designated area code(s) and, in doing so, have their name listed on every page of Mediate.com that visitors from their designated area code(s) access. Visitors are able to click on the profess’s name to link to the mediator’s web site or Mediate.com referral listing.
b. Process and Practice Areas
The Featured Placement Program is divided into processes (Mediators, Arbitrators, Collaborative Professionals and Parenting Coordinators) and, for Mediators, also 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 area code and practice area for which they would like to submit an application. Mediators have the option of applying for multiple area codes and practice areas. There is, however, a limit of 16 total mediators in each area code.
- Featured Arbitrator Placements appear on Arbitrate.com as well as Mediate.com.
- Featured Collaborative Placements appear on CollabLaw.com as well as Mediate.com.
- Featured Parenting Coordinator Placements appear on OnlineParentingCoordinators.com as well as Mediate.com.
- Featured Training Placements are statewide (not by area code).
c. Presentation of Featured Placements
All Featured Placements for a given area code will appear on every page of Mediate.com (and other domain as listed immediately above) that visitors from that area code access. For Mediators, The information is listed by category and the order of the categories randomly rotates within the Featured Mediators display box. All mediators for a particular area code 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 maintains continuous service, 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 Featured Placement
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 either the professional’s website.
II. Application Process
a. Featured Placement Application Form
Professionals desiring to join the Featured Listing Program need to fill out the Featured Listing 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 for mediators (see Section IIb for a list of basic requirements).
b. Basic Requirements for Featured Mediator Program
In order to participate in the Featured Mediator 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
- have 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 Featured Local Mediator 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 Mediator Placement Listing Information
All desired changes to Featured Placement listing information must be made through Mediate.com staff. Participantswishing to make changes to their listed information should contact firstname.lastname@example.org. These changes may include: (1) changes to the linked name; (2) changes to the short displayed biography; (3) change to URL where visitors are linked; and (4) update of the professional image displayed.
IV. Area Code Splits
In the event that an area code splits into two different area codes, the existing Featured Professionals 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 From Program
RIS and Mediate.com retains the right to remove professionals from the Featured Placement 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.
VI. No Warranties
Neither RIS nor Mediate.com make any warranty or guarantee as to the impact of a professional's Featured Placement Program 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 Placement 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 Featured Placement Program, and RIS and Mediate.com also expressly disclaim all warranties and conditions regarding mediation and other professional services offered or performed.
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
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 Placement Program with notice of the change.
IX. 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 Placement Program. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery.
Participants in the Featured Placement 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.
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.