CaliforniaNeutrals.org - The California Academy of Distinguished Neutrals
Academy Members Only
TERMS & CONDITIONS
Your use of this site (referred to hereafter as "Web Site") is
bound by the following terms and conditions of use.
If you do not agree to be bound by these terms and conditions, cease your use of
this site immediately.
This Web Site is a service made available by NADN to aid legal professionals to
make contact with ADR professionals, and also enable ADR Professionals to
maximize their exposure to this customer base. As the law constantly changes and
varies from jurisdiction to jurisdiction, and is subject to varying
interpretations, the reader is urged to consult professional legal counsel in
his or her jurisdiction regarding the applicability of any points of law
discussed at this Web Site to any specific problem. To this end, use of this
website does NOT establish a attorney-client relationship. This Web Site should
not be used as a substitute for competent legal advice.
Permitted Uses. You may use this Web Site and directory solely for
internal, personal, non-commercial purposes.
All other uses are in breach of these terms and conditions and a breach of
1. Advice To Users Of Our Site This Web Site contains a searchable directory of ADR Professionals
(hereinafter referred to as "Listees"). The Listees provide the
information contained in our directory. Although we request references from most
ADR Professionals on registration and perform due diligence interviews, NADN
does not warrant the validity of the information, nor does it guarantee
the quality of the work product of these Listees. NADN does not review the
content of the listings that are provided by the Listees or any links to
NADN is not responsible for any material or information contained in the
linked sites or provided by Listees. A description or indication of the scope of
experience (or other information) about a Listee does not mean that any agency
or board has certified such Listee in any indicated dispute area, nor does it
mean that such Listee is necessarily any more expert or competent than any other
Listee. All users of the Web Site are encouraged to make their own independent
investigation and evaluation of any Listee they might consider hiring for
2. No Legal Advice or Attorney-Client Relationship Established Information contained on or made available through the Web Site is not
intended to and does NOT CONSTITUTE LEGAL ADVICE, recommendations, mediation or
counselling under any circumstance and no attorney-client relationship is
formed. From a legal perspective, nothing submitted to the Website is treated as
confidential. NADN does not warrant or guarantee the accuracy, completeness,
adequacy or currency of the information contained in or linked to the Web Site.
Your use of information on the Web Site (or materials linked from the Website)
is entirely at your own risk. NADN. does not receive any percentage of any
Listee's fees and any arrangements subsequently made by you and any Listee are
strictly between you and such party and do not involve NADN in any way.
3. Committee Members Indemnity ADRWeb Inc., dba as NADN, is a privately held corporation and is responsible
for all decisions and actions related to Academy business (including final
decision as to whether to admit new members and all related organizational
communications). All parties must note that our appointed 'committee' members
and advisory are not officers or elected board members of the
organization and thus have full indemnity against any claims brought against
NADN or our related corporations and subsidiaries.
4. Membership Limitations Listees are reminded that in purchasing their 'subscription' to the Website,
they are granted a limited licence for their individual use and that of ONE
other person, allowed to use the same login password. It is your responsibility
to ensure you provide NADN. with accurate, complete registration information,
and to advise us of any changes to your email address. Further, each
registration is for your personal use only; it is your responsibility to ensure
that nobody other than yourself and the designated user are allowed access to
your profile details.
(If at any point you believe your security has been compromised, please contact email@example.com
5. Right of Access to Data NADN reserves the right to block access to our server(s), for any reason.
Our firewall and monitoring software will automatically ban IP addresses that
have been found to draw down data in large volumes, or repeatedly hit the
server(s) at high refresh rates (e.g.; "DOS" or "SQL" attacks). In instances
where known users (e.g.; law firms, corporations, financial institutions, etc)
are blocked from access, NADN staff will reach out to advise of such a block,
once instated. As of March 2015, blocked users will also see a 'Security
Notification' webpage, providing them with details to allow them to proactively
contact NADN staff to request to have any such block removed.
6. Submitted Data
You agree not to submit any messages, data, information, text, or links or other
material which are unlawful or abusive in any way, or which are not related to
the purposes of the website (See ABOUT page). NADN reserves the right to delete
any content for any reason without permission. Participants shall not
misrepresent their identity or their affiliation with any person or entity.
7. Lawyer & ADR Professional Ethics You acknowledge that rules of professional conduct apply to all aspects of
your participation and that you will abide by such rules. These rules include,
but are not limited to advertising, solicitation of clients, unauthorized
practice of law and misrepresentations of fact. NADN disclaims all
responsibility for your compliance with these rules.
8. License of Your Content By submitting your details and materials to this website, you grant (or
warrant that the owner of such rights has expressly granted) NADN to make such
materials available publicly for visitors to view. You agree that NADN has no
liability for your submission of graphic content for banners, or for text
materials that are imported for publication upon your consent.
9. Incorrect Information NADN does not represent or warrant that this Website will be error-free,
free of viruses or other harmful components, or that defects will be corrected.
We also do not warrant or represent that the information available on or through
the Web Site will be correct, accurate, timely, or reliable. NADN may make
improvements and/or changes to its features, functionality or content of this
website at any time.
10. DISCLAIMER & LIMITATION OF LIABILITY This Website is provided on an "as-is" basis. NADN expressly
disclaims all warranties, including but not limited to the warranties of
merchantability, fitness for a particular purpose and non-infringement. NADN
disclaims all responsibility for any loss or claim or liability of any kind in
any way related to use of this site. NADN will not be liable for any loss or
damage of any kind resulting from your use of the Website. To the extent any
such limitation on liability is prohibited, NADN's sole obligation to the user
for damages will be $1. NADN reserves the right to investigate complaints or
reported violations of our Terms and Conditions of Use and to take any action we
deem appropriate, including reporting such activity to third parties and the
banning of your IP address from further website access.
11. Indemnification You are solely liable for any content, messages or other information you
transmit, provide or upload to the Web Site. You agree to indemnify and hold
harmless NADN from any third party claim, action, demand, loss, or damages
(including attorney fees and costs) arising out of or relating to your violation
of these Terms and Conditions of Use, your use of the Web Site, or your
violation of any rights of a third party.
12. Governing Law, Jurisdiction and Non-Waiver These Terms and Conditions of Use are governed by and construed in
accordance with the laws of the Province of Ontario, Canada and any action
arising out of or relating to them shall be filed only in provincial courts
located in Toronto, Ontario and you hereby consent and attorn to the
jurisdiction of such courts for the purpose of litigating any such action. The
failure of either party to enforce any rights hereunder shall not constitute a
waiver of any terms or conditions of these Terms and Conditions of Use.
13. Severability of Provisions These Terms and Conditions of Use Incorporate by reference all requirements,
notices and disclaimers contained on the Web Site and constitute the entire
agreement between you and NADN with respect to access to and use of the Web
Site. If any provision of these Terms and Conditions of Use is found unlawful,
void or unenforceable, then that provision shall be deemed severable from the
remaining provisions and shall not affect their validity and enforceability.
time. Updated versions of the Terms and Conditions of Use will appear on this
Web Site and are effective immediately. You are responsible for regularly
reviewing the Terms and Conditions of Use. Continued use of Web Site after any
such changes constitutes your consent to such changes.
15. Intellectual Property Rights All graphics, text, logos and intellectual property not submitted by you are
the copyright of NADN. You agree that all right, title and interest (including
all copyrights, trademarks, service marks, patents and other Intellectual
property rights) in this Web Site and its content belong to NADN., its
licensors, or Listees, as applicable.
you link to by clicking here:
The following notice is posted in accordance with ADRWeb Share Purchase
Agreement, Article 8:
Bevan, a lawyer and Chartered Mediator based in Toronto, Ontario, was
the founder of ADRWEB Inc.. and was its first President.The Company was
incorporated January 2004 to provide information about and availability of
qualified dispute resolution professionals. It operates throughout Canada, as
www.adrweb.ca, and in the US as National Academy of Distinguished Neutrals. It
also provides its technology for other dispute resolution organizations,
such as Arbitrators Association of BC (AABC).
Following Lynn Bevan's retirement from the corporation in November 2006, Darren
Lee is the sole shareholder and President of ADRWEB Inc.