Terms of Use

Welcome to the National Center for Dispute Settlement's (NCDS) Site, www.ncdsusa.org (the "Website"). NCDS provides access to the Website and its services offered in the Website to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these Terms and Conditions of Use without limitation or qualification. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR MAKE FURTHER USE OF THE WEBSITE. This Website is governed by the laws of the State of Texas, United States of America. By visiting the Website, you agree that the laws of the State of Texas shall govern any dispute that might arise between you and NCDS or its affiliates of the United States of America, without regard to principles of conflict of laws.

 

Privacy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

 

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on the Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing. 

 

Intellectual Property

All the service marks, trademarks, trade dress, domain names, graphics, copyrights and patents (collectively, the "Intellectual Property") used on the Website are property of NCDS, its affiliates and/or its licensors.  You may not use the Intellectual Property in any manner that is likely to cause confusion among customers, the trade or the public, or in any manner that disparages or discredits NCDS or any of its affiliates. Nothing contained on the Website should be construed as granting any license or right to use any of the Intellectual Property without the express, written permission of NCDS or its affiliates.

 

License and Site Access

NCDS grants you a limited, revocable, non-exclusive, non-transferrable, restricted license to access and make only personal, noncommercial use of the materials available on the "Website" provided that you fully comply with the Terms and Conditions of Use of the Website. You agree not to download (other than page caching), modify, copy or distribute any portion of the Website, except as expressly authorized on the Website.

 

You are also granted a limited, revocable, nonexclusive, nontransferable and restricted right to create a hyperlink to the home page of NCDS so long as the link does not portray NCDS, its affiliates or their products or services, in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any proprietary graphic, trade name, trademark, service mark or domain name of NCDS, or any of its affiliates, as part of the link without the prior, written permission of NCDS.

 

Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

Children

NCDS does not provide educational material to children. If you are under 18, you may enroll in the services offered on the Website only with involvement and permission of a parent or guardian.

 

Reviews, Comments, Communications and Other Content

NCDS and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts/orders in their sole discretion. Visitors may post reviews, comments, and other content; send electronic and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NCDS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant NCDS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content or materials you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant NCDS and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify NCDS, and its related entities or affiliates for all claims resulting from content you supply.

NCDS may from time to time, and has the right but not the obligation to, monitor and edit or remove any activity or content. NCDS takes no responsibility and assumes no liability for any content posted by you or any third party. Harassment in any manner or form on the Website, including via email or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a NCDS employee, host, or representative or other members or visitors to the Website is prohibited. You may not upload to, distribute or otherwise publish through the Website any content that is libelous, defamatory. Obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any commercial online service or other organization.

 

Links

These Terms and Conditions of Use apply solely to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to and/or from other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services or other resources). You should direct any concerns with respect to any other websites to that website's administrator or webmaster.

 

Disclaimer of Warranties And Limitation Of Liability

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.


CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Disputes

Any dispute relating in any way to your visit to the Website or to content/products you purchase or otherwise receive through the Website shall be submitted to confidential arbitration in Dallas, Texas, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate NCDS' intellectual property rights, NCDS may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Courier Address:

National Center for Dispute Settlement, LLC
8150 N. Central Expressway, Suite 1420
Dallas, Texas 75062

Copyright Agent:

National Center for Dispute Settlement, LLC
8150 N. Central Expressway, Suite 1420
Dallas, Texas 75062

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.

 

Site Policies, Modification, and Severability

If you do not comply with these Terms and Conditions of Use at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to the Website (or any part thereof).  You agree that any termination or cancellation of your access to, or use of, the Website, may be effected without prior notice.  Further, you agree that we shall not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the Website.


We reserve the right, in our sole discretion, and without prior notice, to change or remove portions of the Website, including any content, the Terms and Conditions of Use and the Privacy Policy at any time.  You should periodically check these Terms and Conditions of Use and our Privacy Policy for changes.  By using the Website after we post any changes to the Terms and Conditions of Use or the Privacy Policy, you agree to accept those changes, regardless of whether you have reviewed them.  If you do not agree to these Terms and Conditions of Use and the Privacy Policy, you should not use the Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.  If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Notices to NCDS

Except as explicity stated otherwise, any notices shall be given, if to NCDS, by postal mail to:


National Center for Dispute Settlement, LLC
Attn: John Holloran
8150 N. Central Expressway, Suite 1420
Dallas, Texas 75062

or by email to: JHolloran@ncdsusa.org.