TERMS AND CONDITIONS OF USE

 

USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“Terms of Use”).


This website, including all of its features and content, is a service made available by the International Council for Commercial Arbitration and its affiliates (“ICCA”). All content, information and services provided on or through this website may be used solely under the following Terms of Use as they are amended from time to time.

1. Limited License. As a user of this website you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this website and its content in accordance with these Terms of Use. ICCA may amend or terminate this licence at any time for any reason.

2. Limitations on Use. The content on this website is for your personal use only and not for commercial exploitation. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of this website, except to the extent expressly permitted by ICCA and any other person it designates. Any unauthorized use of this website or its content is prohibited.

3. Not Legal Advice. Content on this website is not intended to and does not constitute legal advice, and no attorney-client relationship is formed, nor is anything submitted to this website treated as confidential. The accuracy, completeness or currency of the content is not warranted or guaranteed. Your use of content on this website or materials linked from this website is at your own risk.

4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license under copyright or other intellectual property rights. You agree that the website and its content are protected by copyright, trademark, patent or other proprietary right laws. ICCA reserves the right to remove any content that allegedly infringes another person’s copyright.

5. Linking to this Website. You may provide links to this website, provided (a) you do not remove or obscure any portion of the relevant webpage, the Terms of Use, the copyright notice, or other notices on this website, (b) you give ICCA notice of such link by sending an email to any person listed on the Contact Us page of this website, and (c) you discontinue providing links to this website if requested by ICCA.

6. No Solicitation. You shall not distribute on or through this website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization, without the express written permission of ICCA. Notwithstanding the foregoing, in any interactive areas of this website, where appropriate you (a) may list along with your name, address and email address, your own website’s URL and (b) may recommend third party websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this website.

7. Advertisers. This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted or approved for inclusion on this website is accurate and complies with applicable laws. ICCA will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

8. Privacy Policy. ICCA may receive and store certain types of website usage information whenever you visit our site, for example, the page served, time, source of the request, type of browser making the request, preceding page view, and other similar information. When analyzed, website usage information helps to determine how visitors arrive at the website, what type of content is most popular, and what type of visitors are interested in particular kinds of content and advertising.

The information you provide to ICCA may be used to send you newsletters and/or other email communications for which you have registered, contact you about the website, including, without limitation, to notify you of changes to this Privacy Policy, the Terms of Use, or other policies that affect your use of the website, monitor or improve the site, administer the site’s systems and for other internal business purposes, comply with and monitor compliance with our Terms of Use and other applicable agreements and polices, and for other purposes disclosed when you provide your information.

From time to time ICCA may engage third parties to perform functions on its behalf; for example, to host or operate the website, to send email, to analyze data, to assist with marketing and customer service. These third parties may have access to your personal information for the purpose of performing such functions on ICCA’s behalf.

9. Errors and Corrections. ICCA does not represent or warrant that this website or the content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. ICCA does not warrant or represent that the content available on or through this website will be correct, accurate, timely, or otherwise reliable. ICCA may make improvements and/or changes to its features, functionality or content at any time.

10. Third Party Content. Third party content (including content posted by ICCA members individually) may appear on this website or may be accessible via links from this website. You warrant that you understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the opinions of ICCA, its officers, members, employees or agents. ICCA shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this website.

11. DISCLAIMER. ICCA DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF NON INFRINGEMENT, SATISFACTORY CONDITION OR QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SERVICES, OR OTHER MATERIALS OR INFORMATION PROVIDED BY ICCA.

ICCA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, DAMAGE OR COSTS OF ANY KIND ARISING OUT OF OR ANY WAY RELATED TO (A) YOUR USE OF THIS WEBSITE OR THE CONTENT, (B) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE CONTENT.

12. LIMITATION OF LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW, ICCA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THIS WEBSITE OR THE CONTENT. ICCA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, ICCA’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO €1.00.

13. Indemnification. You agree to indemnify, defend and hold harmless ICCA, officers, members, employees, agents, licensors, suppliers, and any third party information providers to the website, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you.

14. Third Party Rights. The provisions of paragraphs 11 (Disclaimer), 12 (Limitation of Liability), and 13 (Indemnification) are for the benefit of ICCA and its officers, members, employees, agents, licensors, suppliers, and any third party information providers to the website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

15. Remedies for Violations. ICCA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this website and their features.

16. No waiver. No waiver of any provision of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

17. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of The Netherlands. All disputes arising in connection with the Terms of Use or resulting from them, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be The Hague, the Netherlands. The arbitral procedure shall be conducted in the English language.

18. Amendments. ICCA reserves the right to amend these Terms of Use at any time. Updated versions of the Terms of Use will appear on this website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this website after any such changes constitutes your consent to such changes.

 

Last updated: 27 May 2008