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Terms of Service Agreement

See also: Privacy Policy


1. Tradiator Auction Dispute Resolution (ADR) Services ("Services")

The Services consist of one or more of the following options, none of which are binding unless you choose to make them binding:
1. Dispute Resolution Messaging. Dispute Resolution Messaging allows You and the other party to address each other directly, using Tradiator's system and process ("Process"). If a resolution cannot be reached during this phase, the assistance of a Tradiator mediator can be requested.
2. Mediation. Either party to a dispute has access to Tradiator's pool of neutral mediators using the Process to assist in reaching a mutually acceptable solution. Mediators do not make judgments or issue decisions. All communication that occurs between you and the mediator will be confidential.


2. Tradiator's Right to Refuse Services


You acknowledge and agree that Tradiator reserves the right, in its discretion:
not to provide Services for certain classes of problems for which Tradiator's Mediators do not possess a reasonable level of expertise;
to refuse to provide our Services for specific types of problems; and
to limit the provisions of our Services at any time.

Tradiator will provide reasonable notice to You via email. Your right to use Tradiator's Services is personal to You and You may not resell or make any commercial use of these Services.



3. Your Role and the Quality of the Process

You agree and acknowledge that:
You must cooperate and participate in good faith and respond to all emails sent to you by the Other Party;
You must provide only true and accurate information during the Process and update that information as necessary to maintain its truth and accuracy;
You are solely responsible for the content of all material and information You transmit or communicate using Tradiator's Process or using the Tradiator Mediators;
Your use of information gained through the Process will be governed by the Tradiator Privacy Policy;
Tradiator does not provide legal advice and will not engage in any attorney-client relationship under this Agreement;
You and the Other Party are solely responsible for the creation and/or enforcement of any settlement, agreement, decision or award; and
Tradiator will not be liable for services provided by mediators or arbitrators not provided by Tradiator ("Third Party Mediator"), and You understand that all Tradiator services provided in conjunction with a Third Party Mediator are provided without warranty and Tradiator will not be liable for the provisions of those services using the Process.

You agree not to:

to file cases that are without merit or to harass any person, business or entity;
impersonate any person or entity or use a name or alias that You are not authorized to use;
forge communications transmitted to or through Tradiator during the Process;
permit any other person to transmit information that falsely identifies Your Tradiator account as the origin of such communication;
transmit any material that encourages conduct that could constitute a criminal offense, or give rise to civil liability or to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, as determined by Tradiator;
reproduce, modify, distribute or publicly display Tradiator's online materials; or
allow any unauthorized use of Your Tradiator password.


4. Role of Tradiator


Tradiator WILL -
provide you with materials and a Process that allow you to communicate with the Other Party to Your transaction;
collect certain information about You in connection with your use of the Services and You agree that Tradiator's use of such information will be consistent with the terms of this Agreement and the terms of Tradiator's Privacy Policy;
reserve the right, in its discretion, not to provide Services for certain classes of disputes; or
respond to Your concerns or questions in a timely manner.

Tradiator WILL NOT -
provide legal advice to You or the Other Party, either in this Agreement or through a Tradiator Mediator;
provide any guarantee that the Other Party will participate;
share Your information or case details with any outside source except as set forth in the Tradiator's Privacy Policy;
be a necessary or indispensable party to, or a compellable witness in, any related legal proceedings between the parties to a Dispute submitted to it hereunder (this provision also applies to Tradiator Mediators);
guarantee a successful resolution to Your dispute(s).


5. No Wrongful Use of Materials


You acknowledge that the materials, content, methodology and concepts set forth in the Process and in Tradiator's online materials (collectively, the "Materials") are owned by Tradiator. The Process and Materials are protected by intellectual property law and other proprietary rights, and that the use of such materials is governed by the laws which create those rights and provide for their enforcement. You may not reproduce, modify, distribute or publicly display Tradiator's online Materials, e.g. Your Tradiator Case Page cannot be copied and posted anywhere but on the Tradiator Web site. You agree that You will not (i) copy or resell Tradiator's Process or (ii) use or do anything with the Process or Materials that violates this Agreement or Tradiator's legal rights thereto.


6. Location or Place of Process

You acknowledge and agree that irrespective of where You, the other Party to the case or the Tradiator Mediator reside, Tradiator's Services provided under this Agreement, will be deemed to have occurred in the State of Florida in the United States of America.


7. Fees Due Tradiator.

Fees for the Services are applicable in situations set forth in the relative fees pages. Tradiator reserves the right to change these Fees at any time. Tradiator's Fees do not include any applicable sales taxes (value-added taxes, use consumption taxes etc.) Any such taxes are Your responsibility.


8. Limits on Liability and Disclaimer

1. Limited Warranty and Remedy. In the event Tradiator provides a Tradiator Mediator, we warrant to You that the Tradiator Mediator assigned to Your Dispute will have successfully passed Tradiator's applicable training and credentialing procedure and that the Services will be rendered with due care and skill. In the event of a breach of this warranty, or any warranty implied by statute which cannot be excluded, You agree that Your sole and exclusive remedy is to (a) have Tradiator appoint an alternative Tradiator Mediator to resolve Your Dispute at no additional cost to You or the Other Party; or (b) obtain a refund from Tradiator for any Fees paid or payable in relation to the dispute. Any sums recovered shall be subject to the limits of liability set out herein. This limited warranty gives You specific legal rights and You may also have other rights that vary depending on jurisdiction.

Except for this limited warranty, neither Tradiator nor a Tradiator Mediator makes any warranty, representation or guaranty to You, and to the extent permitted by law, Tradiator expressly disclaims:

any and all other warranties, express and implied and statutory;
any and all implied warranties, including, without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement; and
any liability for negligence.
2. Limits on Liability. Tradiator will not be liable to You for any indirect, special, punitive, incidental or consequential damages arising out of or in connection with this Agreement.


9. Parties to a Lawsuit


Since any proceedings hereunder will be conducted with a view to compromising and/or resolving disputes/claims, Tradiator and its representatives, including Tradiator Mediators, shall not be compellable as witnesses and further will be disqualified as attorneys, experts or consultants in any legal proceedings, including any arbitrations, relating to a dispute for which Tradiator was retained to provide Services. You agree and understand that a request for information from Tradiator regarding your dispute cannot be honored unless it meets the provisions of the Tradiator Privacy Policy.


10. Term and Termination

This Agreement will commence on the date You complete any onsite Case Filing Form. This Agreement will terminate on the earlier of:
the date on which You are notified by Tradiator that a new Agreement supercedes the terms of this Agreement;
the date on which Tradiator receives written notice from You that You are terminating this Agreement; or
the date on which Tradiator dispatches an email notice to You that it is terminating this Agreement.

The following sections shall survive the termination of this Agreement, Section 4 ("Role of Tradiator"), 5 ("No Wrongful Use of Materials"), 8 ("Limits of Liability and Disclaimer"), 9 ("Parties to a Lawsuit"), 10 ("Term and Termination"), 11 ("General") and 12 ("Force Majeure").



11. General

The parties irrevocably agree that the laws of the State of Florida will govern this Agreement and their relationship, without reference to any choice of law rules. You agree to submit any dispute arising under this Agreement to mediation prior to filing an action against Tradiator. All actions concerning this Agreement or the Services arising from this Agreement must be brought in the state or federal courts in Florida. You may not assign this Agreement, by operation of law or otherwise, without proper written consent. No amendment or modification shall be binding upon the parties unless reduced to writing and signed by each party, or the authorized officers of each party. The failure of either party to enforce any of the provisions of this Agreement shall not be construed as a waiver of that provision or the right of the party to enforce that provision or any other provision.

Tradiator may change the terms of this Agreement and the documents referenced herein with reasonable email notice to You. Your continued use of the Services after such notice will constitute Your acceptance of the change. You may terminate this Agreement if You do not agree with the change.



12. Force Majeure

Tradiator shall not be liable to You for its failure to perform under this Agreement to the extent that any such failure results from any cause beyond Tradiator's reasonable control, including without limitation, acts of God, strike, electrical or power outage, the acts or omissions of a third party, earthquake, or weather.

PLEASE READ THIS AGREEMENT AND TRADIATOR'S PRIVACY POLICY CAREFULLY. BY MAKING USE OF THIS WEBSITE, YOU:

REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND TRADIATOR'S PRIVACY POLICY, AND AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AND TRADIATOR'S PRIVACY POLICY AS IF YOU HAD SIGNED THEM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TRADIATOR'S PRIVACY POLICY, YOU MAY NOT USE THIS SITE, AND YOU MAY NOT USE THE PROCESS OR ANY OTHER TRADIATOR SERVICES.




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