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"Bringing crisis negotiations into the 21st century"
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Please read the following Terms of Service carefully. They explain the rules related to use of this site. Negotiator Central strives to provide a fun and safe environment for the community. We want you to be comfortable recommending us to your friends and neighbors. 1. RegistrationIn registering with us, you agree to provide accurate, current and complete information, and to update us with any changes. If you do not, we may close your account. By completing and submitting the registration form, you are stating that you are at least 18 years old and that you agree to all of these Terms of Service. You agree to not choose a username in an attempt to impersonate another member on this site or a resident in our community. As part of the registration process, you will choose a password. It is your responsibility to keep this password confidential. If you find out that your password or account is being used by someone without your permission, or you discover any other security breach, you must notify us immediately. You are responsible for all acts that occur on your account. 2. PrivacyTo maintain the goals of these Terms of Service, all information transmitted through Negotiator Central may be reviewed at any time without prior permission of the sender and/or receiver(s). While we will do our best to keep all information private, information may be shared by other members. Further, please note that private messages are not always private and the content may be shared without the author's consent. Negotiator Central shall have no liability for any information shared. We may send out e-mail to our members. You may opt-out of our mailing list. The only effective way to ensure you receive no e-mail from us is to close your account. Like most web sites, we track site usage and generate aggregate reports to present to potential advertisers, investors, etc. While we do our utmost to safeguard your private information, please remember that privacy over the Internet cannot be guaranteed. Please keep this in mind when deciding what information to transmit or broadcast through this site. 3. Member ConductWe reserve the right to monitor, edit, or remove any information, and to edit or remove any member from our system at any time, without notice, and at our sole discretion. To help ensure that everyone's experience at our site is a positive one, we have certain rules of conduct, which you must agree to follow in using our site. Violation of any of these rules can result in any actions deemed appropriate by the site moderator up to and including contacting law enforcement or the FCC without prior notice. These rules include, but are not limited to, the following:
You also agree that:
Member agreees and acknowledges that this website is solely owned and controlled by Instant Community, Inc. & Negotiator Central, and the contents of any information posted here may be reviewed, edited, refused, or deleted at the sole discretion of Instant Community, Inc. without any liability, express or implied. Further, Instant Community, Inc., without duty of investigation or inquiry, may at its sole discretion, without notice, terminate or edit any member without cause and without any liability. Member agrees to indemnify Instant Community, Inc. for any court costs, legal fees, or judgments as they relate to these conditions. 4. Membership Adjustments and TerminationYou agree that we may modify your account or close your account(s) and prevent you from using our site for violating this Terms of Service, or for any other reason, at any time, in our sole discretion, without prior notice to you. If you have multiple accounts, we reserve the right to edit or delete any or all of those accounts based on your actions under any one of the accounts.5. Storage of ContentYou agree that we are not responsible or liable for deleting, or failing to store, any content6. IndemnificationYou agree to indemnify, defend and hold harmless Instant Community, Inc., Negotiator Central and its parent organizations, subsidiaries, affiliates, business partners, officers, employees, assigns,administrators, or successors from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party relating in any way to any use of our site or services, whether by your or by anyone other person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.7. Changes to this Terms of ServiceFrom time to time we may make changes to this Terms of Service. By continuing to use our site after we have posted changes to this Terms of Service, you agree and accept the changes.8. Proprietary Rights to ContentBy transmitting any content to or through our site, you grant to Negotiator Central, its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license to distribute, display, broadcast, or reproduce that content to other members of the site or to use or distribute that content in any manner that is not in violation of our Privacy Policy, and to authorize the downloading and printing of a single copy of the content by end-users for their individual use.9. External LinksOur site may contain links to other sites. You agree that we do not endorse any other sites and are not liable for any loss or damages related to the content, products or services available through those sites. Further, we are not liable for any damage caused by or resulting from infections from viruses, worms, trojan horses, or other malicious computer program, whether infected from Negotiator Central or an external link posted on Negotiator Central. If you have any problems or concerns regarding other sites, please contact their site administrator or webmaster directly.10. Disclaimer of WarrantiesEXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT, THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH Negotiator Central IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. Negotiator Central MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY CONTENT DISTRIBUTED THROUGH ITS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Negotiator Central EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Negotiator Central MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Negotiator Central MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH Negotiator Central OR ADVERTISED THROUGH Negotiator Central. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM Negotiator Central OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND IF SO, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.11. Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Negotiator Central BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Negotiator Central HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE Negotiator Central OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. YOU AGREE THAT Negotiator Central IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS ARISING ON, FROM, OR IN CONNECTION WITH THE SERVICE. IF YOU BECOME AWARE OF SUCH BEHAVIOR, IT IS YOUR OBLIGATION TO NOTIFY Negotiator Central IMMEDIATELY. IF YOU ARE DISSATISFIED WITH Negotiator Central OR SERVICES OR THE CONTENT AVAILABLE THEREON, OR WITH ANY Negotiator Central'S TERMS OF SERVICE, YOUR ONLY REMEDY IS TO DISCONTINUE USING Negotiator Central. YOU AGREE THAT Negotiator Central IS NOT RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL FROM Negotiator Central OR SERVICES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASON. YOU FURTHER AGREE THAT Negotiator Central IS NOT LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THIS SITE OR ITS SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.12. MiscellaneousThese Terms of Service are governed by and interpreted in accordance with the laws of the State of California and the United States, without regard to conflict of law provisions. You and Negotiator Central agree to arbitrate any disputes with JAMS and according to the current rules and requirements in effect at the time arbitration is commenced. Further, you and Negotiator Central agree to submit to arbitration in Sacramento, California. Further, the prevailing party is entitled to reasonable attorneys fees and costs. Negotiator Central does not waive any right or provision in this Terms of Service by failing to exercise or enforce such right or provision. If any provision of this Terms of Service is found invalid, unlawful or unenforceable, such provision shall be interpreted to reflect the parties' intentions as nearly as possible, and shall not affect the validity or enforceability of the remaining provisions.13. Liquidated DamagesYou agree that Negotiator Central cannot easily fix the amount of damages. Therefore, Negotiator Central has determined that the amount of damages for each and every violation of these terms of service is $1,000. You agree that this is a fair and reasonable amount. Further, you agree to pay these sums within ten (10) days of demand from Negotiator Central, in addition to any attorneys fees. You agree that regardless of any statute or law to the contrary, any claim relating to Negotiator Central or services, or this Terms of Service, must be commenced within one year after such claim arose or it is forever barred. The section titles in this Terms of Service are for convenience only and have no legal or contractual effect. |
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