Mediate.com Marketplace Terms and Conditions
The Mediate.com Marketplace
Program is offered exclusively by Mediate.com. By submitting a Marketplace Application Form, Participant agrees to be bound to the terms and conditions herein. Participants in the Marketplace Program accept and agree to the following terms and conditions:
I. Mediate.com Marketplace Program Description
a. Overview of Program
The Mediate.com Marketplace
features leading academic programs, training opportunities, practice resources, books, media, business services and more. Two kinds of placements are available: Basic Marketplace Placements
are free. Featured Marketplace Placements
are paid. Featured Placements appear above Basic Placements. Placements within each group rotate display order. Featured Placements also appear throughout the Mediate.com website in Featured Marketplace spotlights with banner rotation.
In order to participate in the Mediate.com Marketplace Program, Participants must be either a Basic (free) or Premium Member of Mediate.com.
Special Note: Mediation services are not to be listed in the Marketplace. Mediation services are properly listed in the Mediate.com Professional Service Directory.
b. Marketplace Categories
Mediate.com shall determine, in its sole discretion, the categories and sub-categories for listing in the Marketplace. Mediate.com welcomes and encourages suggestions for additional categories.
c. Dispute Resolution Marketplace
Marketplace listings shall be supportive of mediation and constructive dispute resolution. Mediate.com shall, in its sole discretion, determine whether Marketplace Listings are appropriate for the Mediate.com web site.
d. Information Presented in Marketplace Listing
Marketplace listings include an image no wider than 120 pixels, short and long descriptive information, and complete contact information. Mediate.com reserves the right to change formatting and content of listings from time to time. Participants grant Mediate.com a worldwide non-exclusive right to use their placement information for its own advertising and promotions.
II. Application Process
a. Marketplace Application Form
Participants desiring to join the Mediate.com Marketplace Program need to fill out the Marketplace Application Form. As a part of the submission process, Participants agree to (1) accept the terms and conditions of the program contained in this document, and (2) confirm that they meet Mediate.com’s requirements. Mediate.com will inform all Participants whether their application has been accepted into the program or not within 3 business days from the date on which their application is received.
b. Requirements for Marketplace
Mediate.com may reject any proposed placement not supportive of constructive dispute resolution or dispute resolution professionals. Mediate.com will reject duplicate placements for the same product in a single category. Mediate.com may limit the total number of unpaid Basic Listings at its sole discretion.
Mediate.com reserves the right to change these standards by posting revised terms and conditions at the Mediate.com website. If Participants do not agree with the changes, their sole remedy is to opt out of the offering by removing their placement.
c. Product Pricing
Basic Marketplace listings are free. Featured Marketplace listings have a price, initially $1199 per year or $119 per month. Those listing in the Marketplace have the option of a free Basic Listing or of paying annually or monthly for a Featured Marketplace Listing. In order to receive the annual pre-payment discount, Featured Listings must commit to participate in the program for one year. Featured Listings paying on a monthly basis may discontinue their participation in the program at the end of any service month. Prices are subject to change at any time by posting to the Mediate.com website. Mediate.com may, in its sole discretion, conduct special offer programs from time to time.
d. Charges and Payments
Payment for Services is due on the first day of the month for the upcoming month. This fee is non-cancelable and non-refundable. Payment for onetime fees, equipment, and other expenses is due within ten calendar days of receipt of invoice. Payment will be by company check and payable in U.S. dollars. Participant shall be responsible for any taxes and other governmental charges or fees associated with any charges.
III. Desired Changes to Marketplace Listing Information
All desired changes to Mediate.com Marketplace information can be made by the Marketplace Participant. Participants in the program desiring assistance should contact firstname.lastname@example.org or call 541 345 1629.
IV. Removal of Marketplace Listings
Mediate.com retains the unfettered right to remove Marketplace listings if either: (1) they fail to pay for their current featured listing (e.g., check not received before month / year that new listing period begins, credit card approval denied), or (2) Mediate.com has quality / appropriateness concerns, or (3) Mediate.com decides to discontinue some or all of this offering. In the event that a listing is removed from the program, the pro-rata share of the unused portion of the listing fee will be returned to the client.
V. No Warranties
Mediate.com makes no warranty or guarantee as to the effectiveness of a Mediate.com Marketplace listing. As with all other forms of advertising, Participants in the program must rely on their own judgment regarding the value of this product on their business. Mediate.com does not make any warranty of any kind regarding the Marketplace Program, which is provided on an “as is” basis.
For consumers of Marketplace products and services, Mediate.com does not warrant the accuracy, completeness, currency, or reliability of content or data listed by Participants in the Marketplace program, and Mediate.com also expressly disclaims all warranties and conditions regarding products and professional services offered or performed.
Mediate.com disclaims all warranties, express, implied, arising by statute or otherwise, including but not limited to any warranty of merchantability or quality, fitness for any particular purpose. No implied warranty of merchantability or warranty of fitness for any particular purpose shall apply and mediate.com disclaims any such warranties.
Mediate.com shall not be liable for any damages, whether direct, indirect, special, consequential, incidental, punitive or otherwise (including damages resulting from loss or theft of data, use, profits, revenue, goodwill or infringement), or any costs of substitute services, even if Mediate.com had been advised, known or should have known of the possibility of such, which may be sustained by vendor or others.
Participant expressly agrees that, if for any reason mediate.com shall be found liable to Participant, Mediate.com's sole liability to Participant shall in not exceed in the aggregate the amounts received by Mediate.com from Participant for the most recent two months of payment.
The Mediate.com Marketplace Program contains links to third party web sites. Mediate.com does not control the content of these web sites. Unless specifically stated on this web site to the contrary, mediate.com is not affiliated with these third parties and does not endorse nor sponsor their web sites, products or services, or other content. All information is provided "as is" without any express or implied warranties or endorsement, including, but not limited to, implied warranties of merchantability, accuracy of information, fitness for a particular purpose or non-infringement. In no event shall Mediate.com be liable for any special, indirect, punitive or other damages resulting from any use or content or errors or omissions in the information on our website or on websites to which we provide links.
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
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 Mediate.com Marketplace program with notice of the change. If Participants do not agree with the changes, their sole remedy is to opt out of the offering by removing their placement
VIII. 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 Mediate.com Marketplace 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 Mediate.com Marketplace Program agree to indemnify and hold Mediate.com and its 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 out 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.
X. No Waiver
The parties agree that the failure of a party at any time to require performance by the other party of any of the provisions herein shall not operate as a waiver of the right of a party to request strict performance of the same or like provisions, or any other provisions hereof, at a later time.
XI. Legal Expenses
In the event any legal action is instituted between the parties in connection with this Agreement, the prevailing party, in addition to any other rights and remedies it may have, shall be entitled to reimbursement of its expenses, including court costs and reasonable attorneys’ fees. Each party agrees to first mediate any dispute prior to the institution of any court proceeding. Each party will pay one-half the mediation fees and costs.
Each party acknowledges that in the course of performing its obligations hereunder it may receive or have access to information that is confidential and proprietary to the other party (“Confidential Information”). Each party agrees not to use Confidential Information of the other party except in the performance of this Agreement and not to disclose such Confidential Information to third parties except on a “need to know” basis in the performance of its obligations under this Agreement. The obligations contained in this Section shall survive the termination of this Agreement and shall subsist for so long as the Confidential Information remains confidential.
Mediate.com reserves the right to assign this Agreement to its successors.
XIV. Force Majeure
Mediate.com shall not be responsible or liable for nonperformance or delays in performance occasioned by any causes beyond Company’s reasonable control, including, but not limited to, any labor difficulties, strikes, delays of vendors or carriers, fires, explosions, floods, casualties, acts of God, war, riots, acts of terrorism, or governmental actions.
XV. Governing Law
This agreement and its performance shall be governed by and construed in accordance with the laws of the State of Oregon.
XVI. 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.