Conditions of Use

Newton Arbitration and its affiliates (collectively ‘NA’) provide arbitration products and services, including through this and related websites. NA refers to these as ‘sites,’ ‘services,’ ‘our sites and services,’ or ‘NA’s sites and services.’

These conditions (collectively, these ‘Conditions’) apply to NA’s sites and services on which NA provides a reference to these Conditions.

NA may amend these conditions from time to time. Every time you wish to use NA’s sites and services, please check these conditions to ensure you understand the terms that apply at the time.

By using NA’s sites and services, you are a ‘user’ and you accept and agree to these Conditions as a contract between you and NA. If you do not accept and agree to all provisions of these Conditions, now or in the future, you may reject these Conditions by immediately terminating all access and use of sites and services, in which case any continuing access or use of NA’s sites and service is unauthorized.

  • Regulation of Content: NA has the right, but not the obligation, to regulate content. This includes the right to regulate conduct by any user. NA’s action or inaction to regulate content or conduct by any user (or any other third party) does not waive NA’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential violation of these Conditions.
  • You expressly agree that neither NA nor any of NA’s representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Conditions.
  • Although NA’s representatives may moderate content on our sites and services at our discretion, NA’s representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of NA will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of NA will otherwise stop, cure or prevent any problem, content, conduct or purported violation from occurring or recurring.
  • Accordingly, you further agree that any representation (written or verbal) by any NA representative (or by anyone else acting on behalf of NA or by anyone purportedly acting on behalf of NA) that NA (including but not limited to NA’s representatives, anyone else acting on behalf of NA, or anyone purportedly acting on behalf of NA) would or would not prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential or purported Conditions violation is superseded by this provision and is non-binding and unenforceable. Any opinions, statements, comments, posts and other communications expressed on NA’s sites and services are solely those of the poster and not NA’s, or any of our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents. NA does not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. NA and NA’s representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
  • NA does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
  • You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. NA is the sole decider with respect to inappropriate content that should be prohibited from NA’s sites and services.
  • You automatically grant and assign to NA, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable, worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
  • NA does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user content or conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user content or conduct. You are also responsible for your own conduct and activities on, through or related to NA’s sites and services, and, if you create an account on our sites and services, you are responsible for all conduct or activities on, through or by use of your account.
  • Postings and Accounts: This section applies to all uses and users of NA’s sites and services, unless NA has specifically authorized an exception to a particular term for a particular user in a written agreement. NA has in its sole and absolute discretion the ability to authorize or deny any exception or exceptions to the terms in this section. Users may not circumvent any technological measure implemented by NA to restrict the manner in which content may be posted on NA’s sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them. It is expressly prohibited to post content to NA’s sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to NA for each instance of access to NA’s sites and services (by any user or other third party) using that automated means. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
  • A user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means.
  • Unauthorized Access and Activities: This section applies to all uses and users of NA’s sites and services, unless NA has specifically authorized an exception to a particular term for a particular user in a written agreement. NA has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section. To maintain the integrity and functionality of NA’s sites and services for its users, access to NA’s sites and services and/or activities related to NA’s sites and services that are harmful to, inconsistent with or disruptive of NA’s sites and services and/or users’ beneficial use and enjoyment of NA’s sites and services are expressly unauthorized and prohibited.

The collection of NA’s sites and services users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of NA’s sites and services or any content posted on our sites and services whether done directly or through intermediaries is prohibited.

Any access to or use of our sites and services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service that enables or provides access to, use of, operation of or interoperation with NA’s sites and services is prohibited.

Any effort to decompile, disassemble or reverse engineer all or any part of NA’s sites and services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

  • Interactions with Others: NA and NA’s representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
  • Indemnification: You agree to indemnify and hold NA and NA’s representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these Conditions. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by NA or NA’s representatives.
  • Disclaimers:Your access to, use of and reliance on NA’s Sites and Services and Content accessed through NA’s Site and Services is entirely at your own risk. NA’s Sites and Services is provided on an “as is” basis without any warranties of any kind.
  • Limitations of Liability NA and its representatives will under no circumstances be liable for any access to, use of or reliance on NA’s Site and Services or content accessed through NA’s Site or Services by you or anyone else, or for any transactions, communications, interactions, arbitrations or relations between you and any other person or organization arising out of or related to NA’s Sites and Services or content accessed NA’s Sites or Services.
  • Dispute Resolution and Governing Law: Any dispute arising out of or in connection with these Conditions, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into these Conditions. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the English law.
  • External Websites: NA may, from time to time, link to other sites and resources provided by third parties. These third party links are provided for your information only. Such links should not be interpreted as approval by NA of those linked websites or information you may obtain from them. NA has no control over the content of those sites or resources.

 

Last updated: 23 August 2018.