TIR reserves the right to modify any of these terms at any time. Any changes or modification will be effective immediately upon posting of the revisions on the Website.
TIR seeks to promote the field of marital mediation by providing information on marital mediation and marital mediators to the general public. As part of its mission, TIR provides a registry of martial mediators throughout the United States and the world. This enables potential clients to locate a marital mediator to assist them in improving and preserving their marriages.
Marital mediation is a new field of mediation. Marital mediators use mediation techniques in order to assist clients in improving and sustaining their marriages. Marital mediation (as well as mediation) is a generally unregulated field in most jurisdictions. Marital mediators come from all types of professional backgrounds. Some are attorneys, some are mental health professionals. Some are neither, but have other backgrounds, are mediators, and are willing to work with married couples. Mediators have different strengths and weaknesses, and vary in talent, skill and effectiveness. If you are choosing a mediator, choose one carefully, and monitor the results and effectiveness as you participate in the mediation.
None of the backgrounds of any of the marital mediators listed have been reviewed by TIR or its organizers. The marital mediators listed have held themselves out to be marital mediators — by listing themselves on this site, and by putting marital mediation as a category of their services providedon their own websites and on other’s websites. Many (if not most) have taken mediation training. Some have taken marital mediation trainings.
Because this is a new and totally unregulated field, any consumer engaging a marital mediator listed on this website assumes any risk that the marital mediator will not be satisfactory or lead to a successful result in improving their marriage or preventing divorce.
TIR does not make any representation, guarantee, or warranty (express or implied) about the quality of the marital mediation services provided by a mediator listed on this website. It is recommended that specific inquiry be made of the mediator as to his/her qualifications. Neither TIR, nor its contributors to the website shall have liability or responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly, by the information contained on this web site (including articles, opinions, recommendations, answers, analysis, references, referrals or legally related content or information on the site), or for damages alleged or actual deriving from any marital mediation services (or other mediation services) provided by any of the mediators or mediation companies listed in this web site.
No Attorney-Client Relationship
Information posted or made available on or through the Website, including without limitation any responses to legal questions posted through the Website, and any other comments, articles, opinions, recommendations, answers, analysis, references, referrals or legally related content or information is not intended to create an attorney-client relationship between you and any attorney or any mediator who is an attorney. Such legal information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such legal information. You understand that questions and answers or other postings to the Website are not confidential and are not subject to attorney-client privilege.
TIR does not select, screen, approve, endorse or limit who can post legal information, including those who contribute responses. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such legal information or the qualifications of those posting legal information.
TIR shall have no responsibility or liability of any kind for any legal information you encounter on or through the website, and any use or reliance on legal information is solely at your own risk.
Disclaimers and Acknowledgements Regarding Use of Website Information
The Website, the site materials (including any legal information) and the services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. TIR disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials in the site. TIR does not represent or warrant that site materials, including the information available in or on the site, or the services are accurate, complete, reliable, current or error-free. TIR does not represent or warrant that the site or its servers are free of viruses or other harmful components.
While TIR endeavors to provide and to allow others to provide useful information regarding mediators, attorneys, legal services and the law, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information), and that information on the Website may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that information contained in a mediator’s profile, such as descriptions of a mediator’s areas of practice, and other data, summaries or descriptions on the Website, are based on the data obtained or submitted, which may be incomplete or inaccurate, and rely on automated interpretations of the information. None of the other information contained on the Website or provided through the Services, is an endorsement of any particular mediator or a guarantee of a mediator’s quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of a legal matter handled by such mediator. The information provided on this Website is intended to be a starting point to gather information about mediators who may be suitable for your mediation needs, but you should not rely solely on such information in deciding whether to hire a mediator or how to resolve a legal matter.
Furthermore, you should independently verify the accuracy of any information you obtain on the Website before using it, and you should obtain independent references for any mediators you are considering hiring. You agree to be solely responsible for determining the suitability of, and the results obtained from, any mediator you hire.
TIR is not responsible for errors or omissions in any information or materials contained on the site, including without limitation mediator profile information or legal information. While TIR attempts to make your access and use of the site safe, TIR cannot and does not represent or warrant that the site or its server(s), or any content or materials are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from any download.
Reference to any mediators, attorneys, law firms, or other legal service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by TIR.
Consent to Receive E-mails
By using the Website, you consent to receive e-mails from TIR, which may include commercial e-mails.
Copyright and Limited License
Unless otherwise indicated, the Website and all content and other materials on the Website, including, without limitation, the logo, designs, text, graphics, pictures, reviews, information, data, software, sound files, and other files are the proprietary property of TIR or its licensors or users and are protected by U.S. and international copyright laws. You are granted use of the Website for your informational, non-commercial and personal use only.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, TIR may at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others.
If you believe that any material on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Agent Designated to Receive Notification of Claimed Infringement:
The Integrity Registry, LLC
1318 Beacon Street
Brookline, MA 02446
E-Mail Address of Designated Agent: email@example.com
TIR, the TIR logo and any other product or service name or slogan contained in the Website are trademarks of TIR and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TIR or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TIR and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and TIR names or logos mentioned in the Website are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray TIR, any of its products and services, or any attorney or any mediator or mediation service provider entity in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a TIR logo or other proprietary graphic of TIR to link to this Website without the permission of TIR.
TIR makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Website, or Web sites linking to the Website. Such sites are not under the control of TIR and TIR is not responsible for the contents of any linked site. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
TIR offers Registry Services for mediators to be listed in the mediator directory. By selecting a Registry Service you agree to pay TIR the subscription fees indicated for that service. Payments will be charged on the day your Registry Service goes into effect and will cover the use of that service for the period indicated. Payments will be charged to your credit card or other online account on a recurring basis until you cancel your service. Registry Services must be cancelled prior to your renewal in order to avoid billing of the next Registry Service fee. All cancellations of advertising services must be received in writing by email (firstname.lastname@example.org) or by U.S. mail (The Integrity Registry, LLC, 1318 Beacon Street, Brookline, MA 02446). Paid service fees are not prorated or refundable.
If your payment method fails or your account is past due, TIR reserves the right to either suspend or terminate your Registry Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Registry Services. You agree to submit any disputes regarding any charge to your account in writing to TIR within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
No Liability in connection with Mediator Services provided by Registrants or Former Registrants of Website.
Limitation of Liability
In no event shall TIR or any of its corporate affiliates, independent contractors, service providers or consultants, or any of their respective directors, employees and agents, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to the outcome of legal matters, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with any use of the site, the services, the content or the materials contained in or accessed through the site, including without limitation any damages, loss or injury caused by or resulting from reliance by user on any information obtained from TIR or the site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to TIR’s records, programs or services. The aggregate liability of TIR, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of the site or the site materials, shall not exceed any compensation you pay, if any, to TIR for access to or use of the website or TIR services.
Third Party Content and Services
TIR or users may provide links to web pages, content, services of third parties, and TIR may post third party content or allow users to post their content or third party content to the Website including without limitation legal information. TIR does not monitor, control, or endorse over any third party content or third party websites. Users use these links, third party content and third party websites at their own risk.
Advertisements and Promotions
TIR may run advertisements and promotions from third parties on the Website. Your business dealings with advertisers are solely between you and such third party. TIR is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Mediator Advertising and Communications
It is solely the responsibility of mediators to ensure that any information or advertisements they post or place on the Website, and any communications they may have with prospective clients through the Website, fully comply with all applicable rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications.
You acknowledge and agree that any materials, including but not limited to questions, articles, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of e-mail or other submissions to TIR, or any postings on the Website, are non-confidential and that you own the copyrights to any copyrightable material submitted.
TIR reserves the right to accept or not accept such submissions, to format submissions and to edit for length, spelling, grammar, readability and content. Your submission acts as your agreement that your article may be electronically published by TIR without limitation and that TIR has a non-exclusive right to copyright the submission for electronic publication purposes. Subject to this license for use by TIR, authors retain copyrights to their submissions and may personally utilize their articles and republish them in other venues electronically and in hard copy publications.
User Posted Content & Other Interactive Services or Areas
The Website includes areas in which users may post content and information on the Website or through third party services. You are solely responsible for your use and use them at your own risk. You agree not to post or otherwise publish through the Website any of the following:
1. Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a mediator with whom you have not had direct, personal experience in a professional context;
2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for legal or mediation services, providers, or referral services;
6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
8. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
9. Content that, in the sole judgment of TIR, is objectionable or erroneous, or which restricts or inhibits any other person from using or enjoying the Website, or which may expose TIR or its users to any harm or liability.
TIR takes no responsibility and assumes no liability for any user content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TIR liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, TIR is not liable for any statements, representations, responses, comments or other content provided by its users. Although TIR has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, TIR reserves the right, and has absolute discretion, to remove, screen or edit any content posted or stored on the Website at any time and for any reason without notice. Any use of the Website in violation of the foregoing may result in termination or suspension of your rights to use the Website.
Registration Data; Account Security
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website; (b) maintain the security of your password and identification; (c) maintain and promptly update to keep it accurate, current and complete; and (d) accept all risks of unauthorized access for any information you provide to TIR. In addition, you agree not to access or use the Website or any part thereof using the identity of any person other than yourself.
You agree to defend, indemnify and hold harmless TIR, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Website or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the content, your conduct, your violation of these Website terms or your violation of the rights of any third party.
Applicable Law and Venue
These Website terms and your use of the Website shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts (even if your use is outside of the Commonwealth of Massachusetts), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Website or these Website Terms shall be filed only in the state and federal courts located in Suffolk County or Norfolk County, Massachusetts and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
You and TIR agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Website Terms, or the breach thereof, or to the Website and/or the Services shall be settled exclusively by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA’s Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth in Section 17 above, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Website Terms, injunctive or other appropriate relief may be sought from any Massachusetts court specified in the section above.
The arbitration will occur in Boston, Massachusetts, or such location as chosen in the sole and complete discretion of TIR. The allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Website be instituted more than two (2) years after the cause of action arose. In the event that any term of this section (Arbitration) is held to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified automatically to comply with such provision and the remainder of this section shall not be affected.
Notwithstanding any of these Website Terms, TIR reserves the right, without notice and in its sole discretion, for any reason, or for no reason, to terminate your license to use the Website, and to block or prevent your access to and use of the Website. Notwithstanding the foregoing, Registry Service subscriptions will only be terminated by TIR if your payment method fails, your account is past due, you breach this agreement and fail to cure such breach within ten (10) days of TIR’s notice to you thereof, or TIR discontinues offering such Registry Service.
If any provision of these Website Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Website terms and shall not affect the validity and enforceability of any remaining provisions.
The Integrity Registry, LLC
1318 Beacon Street
Brookline, MA 02446