{"id":825,"date":"2013-02-28T16:59:57","date_gmt":"2013-02-28T21:59:57","guid":{"rendered":"https:\/\/nyiac.org\/?page_id=825"},"modified":"2017-02-10T13:25:52","modified_gmt":"2017-02-10T18:25:52","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/nyiac.org\/policies\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"<p align=\"right\"><em>LAST UPDATED:\u00a0 FEBRUARY 10, 2017<\/em><\/p>\n<p><b>Please read this Terms of Use agreement\u00a0(the \u201cAgreement\u201d) carefully.\u00a0 Your use of the Site (as defined below) constitutes your agreement to this Agreement.<\/b><\/p>\n<p>This Agreement is between you\u00a0(\u201c<b>you<\/b>\u201d) and New York International Arbitration Center (\u201c<b>NYIAC<\/b>,\u201d \u201c<b>we<\/b>,\u201d \u201c<b>us<\/b>\u201d)<b> <\/b>concerning your use of the online site currently located at www.nyiac.org<b> <\/b>(together with any successor site(s) and all Services (as defined below), the \u201c<b>Site<\/b>\u201d).<\/p>\n<ol>\n<li><b>Acceptance of Terms.<\/b>\u00a0 The Site is made available by NYIAC subject to this Agreement.\u00a0 We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site.\u00a0 You can determine when this Agreement was last revised by referring to the <i>\u201cLAST UPDATED\u201d <\/i>legend at the top of this Agreement.\u00a0 When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to:\u00a0 modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and\/or waive any fees charged in connection with the Site; and\/or offer opportunities to some or all users of the Site.\u00a0 You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site.\u00a0 Your continued use of the Site after such changes will indicate your acceptance of such changes.<\/li>\n<li><b>Jurisdictional Issues.<\/b>\u00a0 The Site is controlled and operated by NYIAC from the United States, and is not intended to subject NYIAC to the laws or jurisdiction of any state, country or territory other than that of the United States.\u00a0 NYIAC does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.\u00a0 In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.\u00a0 You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.\u00a0 We may limit the Site&#8217;s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.\u00a0 Not all products or services described on the Site are available in all states or territories.<\/li>\n<li><b>Description of the Services.<\/b>\u00a0 We provide users of the Site with access to certain content and services related to international arbitration, which may include, without limitation:\u00a0 (a)\u00a0services such as information on international arbitration providers and rules and links to third party websites; (b)\u00a0content such as photographs, graphics, images, text, data and other similar content; and (c) access to forums for discussion of issues of interest to the international arbitration community\u00a0(such content and services, collectively, the &#8220;<b>Services<\/b>&#8220;).<\/li>\n<li><b>Rules of Conduct.<\/b>\u00a0 While using the Site you will comply with all applicable laws, rules and regulations.\u00a0 In addition, we expect users of the Site to respect the rights and dignity of others.\u00a0 Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 14 below.\u00a0 You agree that you will not:\n<ul>\n<ul>\n<li>Post, transmit, or otherwise make available, through or in connection with the Site:\n<ul>\n<li>Any material that would give rise to criminal or civil liability.<\/li>\n<li>Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.<\/li>\n<\/ul>\n<\/li>\n<li>Use the Site for any fraudulent or unlawful purpose.<\/li>\n<li>Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others&#8217; privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.<\/li>\n<li>Impersonate any person or entity, including without limitation any representative of NYIAC; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.<\/li>\n<li>Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.<\/li>\n<li>Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).<\/li>\n<li>Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.<\/li>\n<li>Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.<\/li>\n<li>Remove any copyright, trademark or other proprietary rights notice from the Site or from materials originating from the Site.<\/li>\n<li>Frame or mirror any part of the Site without NYIAC\u2019s express prior written consent.<\/li>\n<li>Create a database by systematically downloading and storing Site content.<\/li>\n<li>Use any robot, spider, site search\/retrieval application or other manual or automatic device to retrieve, index, &#8220;scrape,&#8221; &#8220;data mine&#8221; or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without NYIAC\u2019s express prior written consent.\u00a0 Notwithstanding the foregoing, NYIAC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. NYIAC reserves the right to revoke these exceptions either generally or in specific cases.<\/li>\n<\/ul>\n<\/ul>\n<p>Additionally, you acknowledge and agree that you (and not NYIAC) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.<\/li>\n<li><b><\/b><b>Donations, Registration and Dues Payments<\/b>. We may accept donations or registration payments or dues payments through the Site, and we may use third-party service providers to enable this functionality on our Site. If you wish to make a payment or donation through the Site (each such donation, a \u201c<b>Transaction<\/b>\u201d), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant NYIAC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Please see the Privacy Policy for information regarding making a donation or dues payment through the Site.<b>\u00a0 <\/b>If you wish to make a Transaction through the Site, please note that we may use a third party payment service (the \u201cPayment Service\u201d) to collect payments for such Transactions.\u00a0 If you wish to make a Transaction, you will be directed to a web page hosted by Payment Service (or its service providers) and not by us (the \u201cPayment Service Page\u201d).\u00a0 Your use of the Payment Service Page will be subject to the Payment Service\u2019s user agreement and privacy policy, not this Agreement or our Privacy Policy.\u00a0 You acknowledge and agree that we are not, and will not be, responsible or liable for the Payment Service\u2019s services, its site or any acts or omissions of the Payment Service.\u00a0 We note that we reserve the right to discontinue or change any third party payment service used in connection with this Site.<\/li>\n<li><b><\/b><b>Registration; User Names and Passwords.\u00a0 <\/b>You may need to register to use all or part of the Site.\u00a0 You represent and warrant that all information submitted to NYIAC in connection with such registration is complete and accurate.\u00a0 We may reject, or require that you change, any user name, password or other information that you provide to us in registering.\u00a0 Your user name and password are for your personal use only and should be kept confidential; you, and not NYIAC, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.<\/li>\n<li><b><\/b><b>Profiles and Forums.\u00a0 <\/b>Site visitors may be permitted to post certain information and materials on \u201cprofile pages\u201d (each, a \u201c<b>Profile<\/b>\u201d) or on interactive services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality on the Site, among other services) that we may provide through the Site (each, a &#8220;<b>Forum<\/b>&#8220;).\u00a0 Please note that Site visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive.\u00a0 NYIAC and its employees, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers (collectively, including NYIAC, the \u201cNYIAC Entities\u201d) neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties.\u00a0 Without limitation, the NYIAC Entities are not responsible for any information or materials made available through the Profiles and Forums (including errors or omissions in Profiles and Forum postings or links or images embedded in a Profile or in Forum messages) or results obtained by using any such information or materials.\u00a0 Under no circumstances will any of the NYIAC Entities be liable for any loss or damage caused by your reliance on such information or materials.<\/li>\n<li><b><\/b><b>Submissions. <\/b>\u00a0The Site may make available certain functionality (including e-mail addresses, the \u201c<i>Contact Us<\/i>\u201d page, Forums and Profiles) through which you are able to post or send information and materials (each, a \u201c<b>Submission<\/b>\u201d).\u00a0 For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement.\u00a0 For each Submission that you make available through or in connection with the Site, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to:\u00a0 (i)\u00a0reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license.<\/li>\n<li><b><\/b><b>Feedback.\u00a0 <\/b>Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials\u00a0 (\u201c<b>Input<\/b>\u201d), whether related to the Site, the Services or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place NYIAC under any fiduciary or other obligation; (b) any Input is not confidential and NYIAC has no confidentiality obligations with respect to such Input; and (c) to the extent permitted under applicable law, any Input will become our sole property.\u00a0 Without limiting the foregoing, you hereby grant to us a world-wide, royalty-free, fully paid-up, exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to:\u00a0 (i)\u00a0reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Input, in any format or media now known or hereafter developed, and you hereby represent and warrant that you have all necessary rights to grant the foregoing license.\u00a0 We may use Input for any purpose whatsoever without compensation to you or any other person.\u00a0 You are and remain responsible and liable for the content of any Input.<\/li>\n<li><b><\/b><b>Accuracy of Information.<\/b>\u00a0 We attempt to ensure that information provided on or in connection with this Site is complete, accurate and current.\u00a0 Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date.\u00a0 We make no representation as to the completeness, accuracy or currentness of such information.<\/li>\n<li><b><\/b><b>Monitoring.<\/b>\u00a0 You acknowledge and agree that (a)\u00a0we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i)\u00a0monitor Submissions; and\/or (ii)\u00a0disclose any Submissions or Input, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect the NYIAC Entities, and the Site&#8217;s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.<\/li>\n<li><b><\/b><b>NYIAC&#8217;s Proprietary Rights.<\/b>\u00a0 The information and materials made available through the Site, including the Services, are and shall remain the property of NYIAC and its licensors and suppliers, and are protected by copyright, trademark, patent, and\/or other proprietary rights and laws.\u00a0 Subject to your compliance with this Agreement, and solely for so long as you are permitted by NYIAC to access and use the Site, you may view one\u00a0(1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.\u00a0 Except as expressly authorized in advance by NYIAC in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.Trade names, trademarks and service marks of NYIAC include without limitation, <b>NYIAC<\/b> and any associated logos. \u00a0All trademarks and service marks on the Site not owned by NYIAC are the property of their respective owners. \u00a0The trade names, trademarks and service marks owned by NYIAC, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. \u00a0Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of NYIAC\u2019s trade names, trademarks or service marks without our express prior written consent.<\/li>\n<li><b><\/b><b>Links.<\/b>\u00a0 The Site may provide links to other web sites and online resources.\u00a0 Because NYIAC has no control over such sites and resources, you acknowledge and agree that the NYIAC Entities are not responsible for the availability of such external sites or resources, and the NYIAC Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources.\u00a0 NYIAC is not affiliated with any law firm (including but not limited to the \u201cfounding firms\u201d listed on the Site), arbitration administration organization or other company that may be listed on the Site, and such listing does not imply any endorsement by NYIAC of those entities or their products or services.\u00a0 Other web sites may provide links to the Site with or without our authorization.\u00a0 You acknowledge and agree that the NYIAC Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.<br \/>\nYOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. NYIAC shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.<\/li>\n<li><b><\/b><b>Disclaimer of Warranties.<\/b>\u00a0 THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU \u201cAS IS\u201d WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.\u00a0 YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.\u00a0 THE NYIAC ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.<\/li>\n<li><b>Limitation of Liability.<\/b>\u00a0 THE NYIAC ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.\u00a0 IN PARTICULAR, AND WITHOUT LIMITATION, THE NYIAC ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY NYIAC OR ANY THIRD PARTY.\u00a0 YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.\u00a0 THE MAXIMUM LIABILITY OF NYIAC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO NYIAC TO ACCESS AND USE THE SITE.IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. \u00a0The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. \u00a0Additionally, third parties may make unauthorized alterations to the Site. \u00a0If you become aware of any unauthorized third party alteration to the Site, contact us at <a href=\"mailto:info@nyiac.org\"><b>info@NYIAC.org<\/b><\/a>\u00a0with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.<\/li>\n<li><b><\/b><b>Indemnity.<\/b>\u00a0 You agree to defend, indemnify and hold harmless the NYIAC Entities, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a)\u00a0your use of, or activities in connection with, the Site (including all Transactions); and\/or (b)\u00a0any violation of this Agreement by you.<\/li>\n<li><b><\/b><b>Termination.<\/b>\u00a0 This Agreement is effective until terminated.\u00a0 NYIAC, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if NYIAC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.\u00a0 Upon any such termination, your right to use the Site will immediately cease.\u00a0 You agree that any termination of your access to or use of the Site may be effected without prior notice, and that NYIAC may immediately deactivate or delete your password and user name, and all related information and files associated with it, and\/or bar any further access to such information or files.\u00a0 You agree that NYIAC shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.\u00a0 Sections\u00a02, 8, 9, 11, 12 (other than the second sentence), 13\u201318 and 20-24 shall survive any expiration or termination of this Agreement.<\/li>\n<li><b><\/b><b>Governing Law; Jurisdiction.<\/b>\u00a0 This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law.\u00a0 You agree to exclusive jurisdiction of the federal and state courts located in New York NY, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.<\/li>\n<li><b><\/b><b>Contact Us.<\/b>\u00a0 If you have any questions regarding the meaning or application of this Agreement, please direct such questions to <a href=\"mailto:info@nyiac.org\"><b>info@NYIAC.org<\/b><\/a>.\u00a0 Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.<\/li>\n<li><b>Copyright Infringement Claims.<\/b>\u00a0 The Digital Millennium Copyright Act of 1998 (the \u201cDMCA\u201d) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.\u00a0 If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send NYIAC a notice requesting that NYIAC remove the material or block access to it.\u00a0 If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send NYIAC a counter-notice.\u00a0 Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.\u00a0 See <a href=\"http:\/\/www.copyright.gov\/\" target=\"_blank\">http:\/\/www.copyright.gov\/<\/a> for details.\u00a0 Notices and counter-notices should be sent to: James H. Carter (NYIAC Chair), WilmerHale LLP,\u00a0<span class=\"_Xbe\">250 Greenwich Street, 45th Floor, New York, NY 10007<\/span>; email, <a href=\"mailto:info@nyiac.org\">info@NYIAC.org<\/a>.<b>\u00a0 <\/b>We suggest that you consult your legal advisor before filing a notice or counter-notice.<\/li>\n<li><b>Notice for California Residents.<\/b>\u00a0 Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by writing to\u00a0James H. Carter (NYIAC Chair), WilmerHale LLP,\u00a0<span class=\"_Xbe\">250 Greenwich Street, 45th Floor, New York, NY 10007<\/span> or by calling us at (917) 300-9550.\u00a0 California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.<\/li>\n<li><b><\/b><b>Ability to Enter Into This Agreement.<\/b>\u00a0 By using the Site, you affirm that you are of legal age to enter into this Agreement.<\/li>\n<li><b><\/b><b>Filtering.<\/b>\u00a0 We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.\u00a0 Information identifying current providers of such protections is available on the two web sites <a href=\"http:\/\/kids.getnetwise.org\/\" target=\"_blank\">GetNetWise<\/a>\u00a0and <a href=\"http:\/\/onguardonline.gov\/\" target=\"_blank\">OnGuard Online<\/a>.\u00a0 Please note that Company does not endorse any of the products or services listed at such site.<\/li>\n<li><b><\/b><b>Miscellaneous.<\/b>\u00a0 This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and NYIAC.\u00a0 If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.\u00a0 You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.\u00a0 We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. <b>\u00a0<\/b>No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.\u00a0 Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.\u00a0 This, together with all policies referred to herein, is the entire Agreement between you and NYIAC relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and NYIAC relating to such subject matter.\u00a0 Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in NYIAC&#8217;s discretion.\u00a0 The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. \u00a0Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.\u00a0 NYIAC will not be responsible for failures to fulfill any obligations due to causes beyond its control.<\/li>\n<\/ol>\n<p>Site \u00a9 2013 New York International Arbitration Center unless otherwise noted.\u00a0 All rights reserved.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Please read this Terms of Use agreement carefully. 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