TERMS OF USE

Terms of Use

Last Revised:  February 4, 2021

THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE NOR IS IT INTENDED TO BE A SOURCE OF LEGAL ADVICE OR A SUBSTITUTE FOR LEGAL COUNSEL.

Use of Ask a Mediator’s® (hereafter known as AAM) website (Site), products, mobile application, and services (hereafter collectively known as Services) is NOT permitted by individuals under the age of majority in their state of residence and is NEVER permitted by individuals under the age of 13.

By accessing, browsing, or using AAM Services, you acknowledge you have read, understood, and agree to be bound by the AAM Terms of Use, Privacy Policy, Legal Notice and Disclaimer, and Resource Community Policy.  AAM may, in its sole discretion, update these Terms of Use at any time and from time to time, by posting the amended Terms of Use on this Site. The revised or amended Terms of Use shall be effective upon posting. Any access to or use of AAM Services following such update shall be deemed consent to such update. All visitors and users are therefore encouraged to refer back to this page regularly. The Terms of Use may not be otherwise amended without the written consent of the AAM owners.

AAM operates and controls this Site from its location within the United States. Claims relating to, including the use of this Site and the materials contained herein are governed by the laws of the United States and the State of Texas, without regards to its conflicts of laws provision.  If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance of applicable local laws. 

AAM is a platform where mediators, unaffiliated with AAM, can offer information and interact with customers. The information found on through AAM Services is intended for general informational purposes only and should only be used only as a starting point for addressing your mediation or conflict resolution issues. The information is not the provision of establishing mediation services, and accessing such information, corresponding with or asking questions to a mediator via the AAM Services, or otherwise using the AAM Services, does not create a mediator-client relationship between you and AAM, or you and any mediator. AAM Services are not a substitute for a consultation with a mediator approved to practice in your jurisdiction about your specific mediation issue.  By utilizing AAM Services you understand and agree that questions and answers or other postings are not confidential and are not subject to mediator-client confidentiality privileges.

AAM does not assess, rate, or endorse the competency, quality of service, competency or character off the mediators listed on the AAM Services.  Mediators utilizing the AAM Services will not provide legal information or advice.  AAM does not guarantee the accuracy, adequacy or quality of any mediator’s advice, information, or the qualifications of the mediator posting it.

AAM cannot guarantee information, consisting of third party data and contributions, does not have inherent limitations to the accuracy or currency of such information may be incomplete, may contain inaccuracies, or may be based on opinion that could include biases.

AAM does not provide transaction services between you and a mediator. You are liable for paying the mediator directly for any services provided.  AAM has no liability, either primarily or secondarily, for paying the mediator on your behalf.  Any mediator-client relationship formed as a result of discussions between you and the mediator you speak or correspond with does not include AAM. AAM cannot be held responsible for the quality or accuracy of any information or mediation services provided by mediators you connect with or utilize through AAM Services.

AAM will review third party-content to determine whether it is violates our policies or practices and we may remove or refuse to display content that we reasonably believe violates our policies or the law. However, we do not routinely screen third-party content that is published via our Services.

AAM responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.  If you believe that any material on the AAM Site or mobile application infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with AAM by email (contact@askamediator.org) or by U.S. mail (Ask a Mediator, Attn: Copyright, P.O. Box 311673, New Braunfels, TX  78131).

AAM Service users may post content and information, including questions and answers, comments and other materials that is considered User Content. You retain all rights in, and are solely responsible for, the User Content you post to AAM Services. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the AAM Resource Community Policy. AAM reserves the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or Use and all AAM policies.

When you post User Content to AAM Services, you give AAM and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the United States and Internationally in any media. To the extent such content is attached to a profile on the AAM Services platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

By using AAM Services, you agree to defend, indemnify and hold harmless AAM Services, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

Notwithstanding any of these Terms of Use, AAM reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. AAM reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.

These Terms of Use constitute the entire agreement between you and AAM with respect to the subject matter of these terms, and supersede and replace any prior version of the Terms of Use. These terms create no third party beneficiary rights.

AAM’s failure to enforce a provision of these Terms of Use is not a waiver of its right to do so later. If any provision of these terms is found unenforceable, the remaining provisions of the terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these terms, and any attempt to do so will be void. AAM may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

MEDIATORS

It is solely the responsibility of mediators utilizing AAM Services to ensure that any information or advertisements they post or place on AAM Services and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional mediator conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.

AAM offers optional subscription services for mediators. Subscription services may include the publication of advertising or website content you provide to us. You retain all rights in, and are solely responsible for, the content posted on the AAM Site or mobile application. You give AAM, our affiliates, providers of third party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the subscription service content (in whole or in part) in providing the subscription service.

By selecting a subscription service you agree to pay AAM the subscription fee indicated for that service. Payments for subscription services will be charged on the day your service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that annual payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the annual recurring charge will be the then-current subscription fee applicable to the subscription service you selected. You acknowledge that the amount of the annual recurring charge may increase if the applicable subscription fee increases. 

Subscription services must be cancelled in writing prior to your annual renewal in order to avoid billing of the year’s subscription fee.  AAM must receive written notice of your cancellation at least thirty (30) days in advance of the annual renewal date on which you wish to make the cancellation or reduction effective. All cancellations must be received in writing by email (contact@askamediator.org) or by U.S. mail (Ask a Mediator, Attn: Cancellations, P.O. Box 311673, New Braunfels, TX  78131). Subscription service fees are not prorated.

If your payment method fails or your account is past due, AAM reserves the right to either suspend or cancel your subscription services. You agree to submit any disputes regarding any charge to your account in writing to AAM within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

MANDATORY ARBITRATION AND DISPUTE RESOLUTION

If for some unexpected reason we have a dispute, you and AAM agree to try for 60 days to resolve it informally. You may send AAM the details of your concern by email (contact@askamediator.org) or U.S. Mail (Ask a Mediator, Attn: Arbitration, P.O. Box 311673, New Braunfels, TX  78131).  

If AAM is not able to informally resolve your complaint, you and AAM agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Customer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. 

Before requesting an unresolved informal dispute be subject to arbitration, you must first send AAM a “Notice of Dispute” describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email (contact@askamediator.org) or U.S. mail (Ask a Mediator, Attn: Notice of Dispute, P.O. Box 311673, New Braunfels, TX  78131).

Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, AAM’s principal place of business in New Braunfels, TX.

The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.

Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:

If the claim qualifies, either you or AAM may bring an action in small claims court in New Braunfels, TX. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.

AAM may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, AAM may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms of Use.

If arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in New Braunfels, TX, and you and AAM consent to personal jurisdiction and exclusive venue in such courts.

You may opt out of this agreement to arbitrate. If you do so, neither you nor AAM can require the other to participate in an arbitration proceeding. To opt out, you must notify AAM in writing within 30 days of the date that you first became subject to the arbitration provision in these Terms. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account by U.S. Mail (Ask a Mediator®, Attn: Opt-Out, P.O. Box 311673, New Braunfels, TX  78131).

You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.

The laws of the State of Texas, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms of Use or the Services. 

If you have any questions or comments about these Terms of Use or the practices relating to AAM Services, please contact us at:

Ask a Mediator®

Attn:  Terms of Use

P. O. Box 311673

New Braunfels, TX  78131

contact@askamediator.org