We're delighted that you have decided to invest in your mediation practice. In just a few steps you'll be modernizing your mediation with Mediate to Go.
This copy of Mediate to Go ® ("the Software Product") and accompanying documentation is licensed and not sold. This End User License Agreement ("Agreement") is a legal agreement between the Licensee ("you" or "your") and (Corporate Entity) or its subsidiaries, affiliates, and suppliers (collectively "M2G"). This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. M2G or its subsidiaries, affiliates, and suppliers (collectively "M2G") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license granted to you by M2G to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO CREATE AN ACCOUNT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Without first obtaining the express written consent of M2G, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product granted in this Agreement.
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license. You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.
For a period of 5 days from the date that you download the Software Product, as applicable, M2G warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.
For a period of 5 days from the date that you download the Software Product, as applicable, M2G warrants that when properly installed and used under normal conditions, the storage medium on which the Software Product is shipped will be free of material defects in material and workmanship.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY M2G, M2G MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. M2G makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. M2G makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. M2G may terminate access to all or some services without notice. If it is believed you are in violation of the terms of this Agreement, fees paid will not be refundable. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. M2G WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL M2G, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF M2G OR ANY OTHER PARTY, EVEN IF M2G IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS M2G'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of M2G. M2G reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If M2G is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs paid to third parties (ie. Apple/Google Play, etc.). To be a valid, any claim must/shall be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by M2G to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold M2G harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Users must/shall not claim to be mediators or arbitrators unless they have achieved the professional criteria as stated within their jurisdiction. Where there are no standards, users claiming to be mediators must/shall have undergone some form of recognized training. Users should use the minimum standards set by ADR Canada as a guideline. Users remain completely responsible for their conduct as mediators and professionals. Users must shall not circumvent or manipulate any fees owed to M2G. Users must/ shall not collect information from users of M2G. Users must/shall not provide false information when registering.
Unless expressly prohibited by local law, this Agreement is governed by the laws in force in the Province of Quebec, Canada and any dispute between you and M2G regarding this Agreement will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Montreal, Quebec.
We guarantee to respect your privacy rights according to Canadian law. This means we will only collect information that is necessary for the purposes of administering the Software Product and this Agreement, to maintain the relationship between M2G and you and/or with your consent. In order to open an account with M2G, you will be required to provide your name and email address. You will also be signed up for the M2G newsletter, but you may unsubscribe if you decide thereafter. If you decide to terminate your access to M2G, you may we will keep your records on file for 7 years. If you wish to have the information removed before, please email us at (email@example.com) to make the request. Please see more information about how we manage data in the EULA section on Data Management.
We take the management of your information and that of your client(s) extremely seriously. Case information refers to the information and data collected and entered into M2G by users about their cases, including mediation, arbitration and any other dispute resolution mechanism being employed. Case information includes, without limitation, personal information and information that may be subject to legislative or common law privilege such as the name, contact information and any other notes related the parties, case or dispute. Users may choose to, and hereby accept all risks and liability associated therewith, store case information using M2G's data storage service. The User hereby agrees to backup, save and otherwise store on another medium all case information that is entered into M2G.
Users are responsible for requesting and obtaining the consent of third parties (generally their clients) to collect and store personal information, including case information, in M2G. In particular, the User must obtain and retain the written consent of the parent or legal guardian of a minor, if personal information pertaining to a minor is collected and stored in M2G.
By entering case information, the User confirms that the user has received that party's consent to collect, enter and store such case information into M2G and the User confirms and warrants that said case information has been collected and, by its storage in M2G, will be stored in conformity with any legislation or duties of care regarding the collection and storage of such information. The User confirms and warrants that the User is solely responsible for the removal of case information in conformity with any legislation or duties of care regarding the collection and storage of such information.
M2G respects the confidential and potentially privileged nature of case information. M2G undertakes never to view or disclose specific case information because M2G treats all case information as privileged. In the event of a request from a third party for the disclosure of any case information, M2G undertakes to direct such requests to the User who entered such information or to request authorization from the User who entered such information for the disclosure of such information. For example, if personal information is about a third party is entered by a User and M2G receives a request by the owner of the personal information to provide or correct the information, M2G will not provide such information without the written consent of the User who entered the information.
In the event that M2G receives a request based on the following grounds, M2G will undertake to notify, seek the consent of and provide an opportunity to respond, to the extent possible, the User who entered such information:
Third parties wishing to access case information they know or believe belongs to them must do so through the User responsible for the collection and storage of said case information. M2G does not own case information and all responsibility for and resulting from the collection and storage of case information remains with the User.
The User hereby indemnifies and holds M2G harmless from all claims, judgments, liabilities, expenses, or costs arising from the User’s breach of this Agreement and/or acts or omissions in any way pertaining to or flowing from use of M2G, including but not limited to breaches of privacy, breaches of privilege and loss of data and case information.
M2G does not view or use any case information unless there is a need to resolve a technical issue or make a technological improvement.
The User hereby consents to anonymous (non-identifiable) information being collected by M2G and used by M2G and any research affiliates for the purposes of research in the field of dispute resolution and improving the quality of M2G. For example, information that is collected is on the types of intervention(s) and case(s) to be/completed, the types of information requested from clients, the complaints and issues in the requests for services.
See Advertisement at time of download or email from M2G representative. Severability and Modification of Terms If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. M2G reserves the right to change these terms during the contract, but will provide notice to users via email.
You may contact M2G by emailing firstname.lastname@example.org.
Copyright © 2012, 2014 Mediate to Go® Incorporated. All Rights Reserved.
Version: June 2, 2014