Your access to some areas of the Portal ("Online Services") may be subject to certain membership and/or registration requirements in AAA's discretion. The Portal's Online Services includes an Internet-based alternative dispute resolution system through which You may have Your arbitration or mediation proceedings conducted online, as administered by AAA via AAA WebFile® ("WebFile").
You acknowledge and agree that in connection with Your use of the Portal, You must: (a) provide for Your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for You to make such access and connection to the World Wide Web, including a computer, software and a means of connecting to or accessing the Internet. AAA shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from Your use of the Portal.
Peer Groups, Visitor Content
Subject to any privacy and confidentiality obligations of AAA with respect to Your use of the Online Services (including WebFile), by submitting or sending Visitor Content to AAA or otherwise making Visitor Content available for display on or through the Portal, You grant AAA the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Visitor Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in connection with the Portal. You also warrant that any "moral rights" in posted materials have been waived.
Other than under dispute resolution proceeding(s) and in connection with our e-voting Online Services, AAA does not solicit nor does it wish to receive any confidential, secret or proprietary information, personal data, or other material from You through the Portal, any of its services, by e-mail, or in any other way, and, subject to any applicable privacy and confidentiality obligations of AAA, any information or material submitted or sent to AAA will be deemed not to be confidential or secret. You agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that You submit or otherwise communicate to the Portal, other than under Your arbitral proceeding(s) or those protected by applicable privacy or confidentiality laws or other requirements, may be used by AAA in any manner.
You may not upload, post, e-mail or otherwise transmit any Visitor Content on or through the Portal that: (i) infringes any proprietary or privacy rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another's privacy, or hateful; (iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
You further agree that You will not: (i) use the Portal, or any part thereof, to "stalk" or harm any other Visitor or any other person in any way; (ii) impersonate any person or entity, including but not limited to a AAA officer, director, or representative, or falsely state or otherwise misrepresent Your identity or affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Visitor Content transmitted on or through the Portal; (iv) disrupt the normal flow of dialogue in a Peer Group; (v) interfere with or disrupt the Portal or servers or networks connected to the Portal, or the use thereof, or disobey any requirements, procedures, policies or regulations of networks connected to the Portal; (vi) "hack," infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Portal; (vii) harvest, collect or store information about the Visitors of this Portal, the Visitor Content posted by others on this Portal or any other data or information on this Portal, or use such information for any purpose inconsistent with the purpose of this Portal; (viii) breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Portal or that of any third party that is hosting or interfacing with any part of the Portal; (ix) create any frames at any other Web sites containing or incorporating the Portal or any Portal Content; or (x) violate any applicable local, state, national or international law or regulation.
You agree to maintain the strict confidentiality of any passwords issued to You for Your use or access to the Portal, the Online Services, Web File, or any portion of either of the foregoing, and You agree not to allow any other entity to use any username(s) or password(s) that are issued to You.
You may be able to link to third parties' Web sites ("Linked Sites") from the Portal. Linked Sites are not necessarily reviewed, controlled or examined by AAA in any way and AAA is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply AAA's endorsement of or association with the Linked Sites.
Disclaimer of Warranties
THIS PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, AAA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEB FILE, AND THE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION ON THE PORTAL SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND CONSULT OF A LICENSED ATTORNEY.
Limitation of Liability
IN NO EVENT SHALL AAA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF AAA OR SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN VISITORS. IN NO EVENT SHALL AAA BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE. IN NO EVENT SHALL THE TOTAL LIABILITY OF AAA TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND USE OR YOUR USE OF THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE, EXCEED, IN THE AGGREGATE, THE AMOUNT OF PORTAL USE FEES, IF ANY, PAID BY YOU TO AAA TO USE THE PORTAL.
Maintenance of Accounts, Portal and Online Services
We respect the intellectual property rights of others, and require that Visitors of the Portal do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Eric P. Tuchmann, Esq.
Office of the General Counsel
American Arbitration Association, Inc.
120 Broadway, 21st Floor
New York, NY 10271
Phone: (212) 716-5800
Fax: (646) 663-3074
Choice of Law
AAA has right to disclose to Parties background information about arbitrators, mediators and other neutrals (Neutrals) which was previously provided to the AAA by such Neutrals. Neutrals acknowledge that such background information is intended to be used by the Parties when selecting Neutrals.
Arbitrator Online Education Services
AAA reserves the right to cancel or suspend any Arbitrator training or development courses offered in the Online Services.
INFORMATION: COLLECTION AND USE
Visitors (including without limitation Registered Visitors) understand that AAA may collect, maintain, and process information provided by them to AAA, and information otherwise collected by AAA concerning such Visitors on and through the Portal and the Online Services (including but not limited to Web File) for purposes of providing services to Visitors. Depending upon the services at issue, the provision of certain data may be required for AAA to provide the requested services.
PUBLIC AREAS OF THE PORTAL
All Visitors may visit the public areas of the Portal without disclosing personal information, such as name, email address, or other contact information, about themselves. However, Visitors will have the opportunity to request to receive information from AAA, or to otherwise interact on or with the Portal, in which case an e-mail or other address or contact information or other personalized information may be collected in order to allow AAA to comply with the request, and for other purposes as may be disclosed at the time the request is made or otherwise as set forth in this Policy. Visitors may elect to opt-in or opt out from receiving marketing communications by (a) following the instructions in OPT OUT CHOICES, below, (b) checking appropriate opt-in or opt-out boxes which may be provided on the Portal or any collection form or (c) as set forth in the communication sent from AAA.
ONLINE SERVICES REGISTRATION INFORMATION
In order to participate in the Online Services, AAA requires Registered Visitors to have registered with the Online Services by, among other things, providing contact information such as (for illustration purposes only) user ID, password, name, title, department, business address, business telephone number, business e-mail address and other contact information ("Registration Information"). From time to time Registered Visitors to AAAWebFile may review their Registration Information by visiting the AAAWebFile area of the Online Services and revise their Registration Information by contacting their case manager. Panelists may review and revise their Registration Information by visiting the Panelists eCenter area of the Online Services. Certain portions of the Registration Information concerning a Party will be used for evaluating qualifications for participation in online arbitration under Web File. AAA may also use Registration Information to communicate with all Registered Visitors regarding AAAWebFile proceedings, changes in Online Services functionality, features, billing, help desk and other activities relating to the operation of the Online Services. AAA may disclose the Registration Information of a Party to administrators, Panelists and/or other Parties who are designated by such Party (through such Party's use of the AAAWebFile proceedings or otherwise) to be provided access to such information. At Your option, some portions of Your Registration Information may be made available to other Visitors of the Portal in online directories, search features and/or Peer Groups. AAA may also use Registration Information, with your consent, to send Registered Visitors information about products or services available on or through the Online Services and offers made available by AAA's partners, which may be sent by AAA. Instructions on how to request that AAA not send such future communications (not including communications necessary for the operation of the Online Services) or that AAA not share Registration Information with third parties for marketing purposes, are set forth in OPT-OUT CHOICES, below and, for AAA transmitted material which is unrelated to the operation of the Online Services, in each communication.
CASE MANAGEMENT INFORMATION AND MATERIALS
Privacy terms relating to confidential information and materials Parties and Arbitrators submit to WebFile (not including the rest of the Portal or any public areas of the Portal) in the course of an arbitral proceeding may be set forth in the AAA Rules and/or any other agreement between the Parties and Panelist(s).
AAA will record and collect information about how all Visitors use the Portal, including the Online Services. This data may include a Visitor's domain name, language, type of browser and operating system, Internet service provider, Internet protocol (IP) address, the Web site from which they arrived at the Portal, the amount of time spent on the Portal or using the Online Services and the ways in which they use the Portal or the Online Services (collectively, "Usage Data"). AAA will monitor and use Usage Data in aggregated form to measure the Portal's performance and Online Services activity and improve the Portal's design and functionality. AAA may also use Usage Data in aggregated form to develop and distribute to third parties statistical and other information about how the Portal and Online Services are used and for other marketing purposes. AAA may also disclose aggregate Usage Data to other Visitors, Parties and Panelists. AAA may also use Usage Data in un-aggregated form to investigate and prosecute security violations or to identify a particular Visitor or Registered Visitor who engaged in particular transactions.
To "opt-out" of (1) receiving communications from AAA (except for communications necessary for the operation of the Portal, the Online Services, or as otherwise permitted under this Policy), (2) having contact information disclosed to third parties for marketing purposes (except as necessary for AAA to operate the Portal, Online Services, or as otherwise permitted under this Policy), or (3) any other consent previously granted for a specific purpose concerning Your personal information, send an email to the AAA Data Controller at email@example.com. Data subjects in the European Union (EU) will be asked to opt-in to marketing communications in accordance with your rights under the General Data Protection Regulation (GDPR).
REVIEW/CHANGE CONTACT INFORMATION
Requests to review or change Registration Information previously provided on or through certain portions of the Online Services may be made to the AAA by sending an email to the AAA Data Controller at firstname.lastname@example.org.
For data subjects in the EU, it is your right to be informed of and to request a copy of the personal data AAA collects and maintains about you. AAA also seeks to ensure your personal data is accurate and up-to-date; accordingly, you have a right to rectify or supplement your personal data. Under certain circumstances, you may also have a right to erase, restrict the processing of, transmit, or object to the processing of your personal data. If you would like to access, rectify, erase, restrict, transfer, or object to the processing of your personal data, please contact the AAA Data Controller at email@example.com.
AAA may provide links to third parties' Web sites ("Linked Sites") from the Portal or the Online Services. Linked Sites are not necessarily reviewed, controlled or examined by AAA in any way and AAA is not responsible for the privacy policies and practices of any such Linked Sites, or any additional links contained therein. These links do not imply AAA's endorsement of or association with the Linked Sites. When leaving the Portal, AAA encourages you to review the applicable Privacy Policies of the Linked Sites.
DISCLOSURE PURSUANT TO LAW
CONSENT TO PROCESSING
By using or providing information to the Portal or the Online Services, all Visitors understand and unambiguously consent to the collection, processing and use of such information in the United States and other countries and territories, for the purposes of providing the Portal, the Online Services and related services and as otherwise set forth herein or in the AAA Rules. Where required, data subjects in the EU will be asked to affirmatively consent to the processing of their personal data in accordance with their rights under the GDPR. For all processing based upon your consent, you have a right to withdraw your consent at any time.
AAA may utilize third parties to provide or perform certain services and functions on the Portal and the Online Services (including AAA WebFile). For example, AAA may use a Web site tracking evaluation firm to analyze use of the Portal and the Online Services (including AAAWebFile) by all visitors and AAA may use third-party suppliers to provide certain functionality and services provided on the Online Services (including AAA WebFile). AAA will make information concerning Visitors and their use of the Portal and Online Services (including AAA WebFile) available to these service providers and business partners, as necessary, to perform these functions and services. The service providers may be located throughout the world. Data protection laws vary among countries and some countries provide greater protection for personal data than others. Regardless of where your information is processed, we apply the same protections described in this Policy. Transfers of data to countries outside of the United States or the EU may occur based upon the EU’s adequacy decisions or based upon confirmation of adequate safeguards, among other lawful bases.
TRANSFER OF INFORMATION
In the event of a sale, merger, consolidation, reorganization, liquidation, dissolution, change of control or sale or transfer of the substantial assets of AAA, information collected via or stored on the Portal or the Online Services (including AAAWebFile) may be sold, assigned or transferred to a party acquiring all or substantially all of the equity and/or assets of AAA related to the Portal. AAA may also transfer such information to its subsidiaries and affiliates involved in the operation of the Portal or the Online Services.
The time period for the storage of your data is a case-by-case determination that depends upon, among other things, the nature of the data, why it was collected and processed, and the relevant legal or operational retention requirements.
AAA takes seriously the security of your personal information. AAA has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure of or access to, such information, reasonably appropriate to the level of the data concerned. However, due to the open communication nature of the Internet, we cannot guarantee that communications between You and the Portal, and the Portal and You, or data stored on AAA's systems, will be free from unauthorized access by third parties.
In the unlikely event that AAA believes that the security of your personal information in AAA's possession or control may have been compromised, AAA may seek to notify you of that development. If a notification is appropriate, AAA would endeavor to do so as promptly as possible under the circumstances, and, to the extent AAA has your email address and such notification is permitted by law, AAA may notify you by email.
AAA may, in its sole discretion, update this Policy at any time and from time to time, by posting the amended Policy on the Portal. The revised or amended Policy shall be effective upon posting. Any access to or use of the Portal or Online Services (including AAA WebFile) following such update shall be deemed consent to such update. All visitors are therefore encouraged to refer back to this page regularly. This Policy may not be otherwise amended without the written consent of AAA.
CONTACT, QUESTIONS, & COMMENTS
If you would like to communicate with AAA regarding privacy issues or have questions or comments about this Policy, please forward such communication to firstname.lastname@example.org. For data subjects in the EU that remain dissatisfied, you can make a complaint with the applicable supervisory authority.