WEBSITE TERMS OF SERVICES

Website Terms of Service

Welcome to the Impass Buster website located at www.Daisley Mediation.com These Terms of Service (“Terms of Service”) set forth an agreement between you and Impasse Resolutions, LLC d/b/a Daisley Mediation (“Daisley Mediation”) governing your use of our site and the services provided through the site (collectively, “Site”).

By using the Site in any manner, you signify your irrevocable acceptance of these Terms of Service. You may only use the Site if your acceptance of these Terms of Service is not prohibited by applicable law. No one under the age of 18 years old is allowed to submit information about a case to Daisley Mediation or use any of the features of the Site.

Daisley Mediation has the right to modify or update these Terms of Service at any time without providing notice. Any additional or different terms in these Terms of Service shall be effective upon being posted on the Site. Your continued use of the Site in any manner following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms.

No Legal Advice or Attorney-Client Relationship Established

Information contained on or made available through the Site is not intended to and does notconstitute legal advice. No attorney-client relationship is formed by using the Site. Your use of information on the Site (or materials linked from the Site) is entirely at your own risk. If you seek legal advice, contact your own attorney.

Proprietary Rights and Intellectual Property

You acknowledge and agree that Daisley Mediation, and its licensors, retain all right, title and interest in and to all data and information (excluding data and information that you provide), content and materials provided on the Site (including, without limitation, text, images, graphics, page headers, Daisley Mediation’s trademarks and logo, the selection and arrangement of elements displayed on the Site, the compilation of all content and materials on the Site and the business processes, procedures, methods and techniques used in the Site) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Intellectual Property”).

Limited License

Daisley Mediation grants you a limited license to access and use the Site for your personal use, subject to all of the terms and conditions of these Terms of Service. You may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual element provided on the Site, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, link to, publicly display or perform, or in any way exploit any content, materials or individual element provided on the Site without Daisley Mediation’s prior written consent, (iii) frame or utilize framing techniques to enclose any content, materials or individual element provided on the Site or create a link to the Site accessing such content, materials or element without Daisley Mediation’s prior written consent, (iv) use any circumvention tools or any metatags or other hidden text utilizing Daisley Mediation’s name, trademark, URL or the name of any of the features on the Site without Daisley Mediation’s prior written consent, or (v) disassemble, decompile or reverse engineer any of the materials or underlying software made available on or through the Site.

Accounts and Security

To use certain features of the Site, you may be directed to register with the Site and create an account or otherwise provide Daisley Mediation with certain information about yourself and your case (if applicable). By submitting your information through the Site, you grant Daisley Mediation a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Daisley Mediation’s operation of the Site and/or performance of services for you and others you may designate. As part of the registration process or in connection with submitting case information to Daisley Mediation, you may be asked to submit your name, email address,company name, mailing address, phone number, fax number, web address, case information, identity of the parties to the dispute and other information to be used in connection with providing services to you, and as well as to choose a user name and password. You agree that all information you provide to Daisley Mediation for purposes of registration, case submission or other use on the Site will be submitted for the purposes stated, and will be true, accurate, current and complete,and your failure to provide information in such a manner shall constitute a breach of these Terms of Service and may result in the immediate termination of your account. You shall (i) promptly update your registration information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your password, and (iii) properly exit from your account at the end of each session.

You shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your account and/or password.

You agree to immediately notify Daisley Mediation of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. Daisley Mediation is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Use of the Daisley Mediation Site

You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Site. Daisley Mediation may immediately terminate your account, or suspend your access to your account, in its sole discretion and without notice, for conduct that Daisley Mediation believes is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Service or any other policies or guidelines posted on the Site, or (iii) harmful to other users, third parties, or Daisley Mediation’s business. Use of an account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, Daisley Mediation may terminate your account if you file a claim against Daisley Mediation, or a claim which in any way involves Daisley Mediation. Upon Daisley Mediation’s termination of your account for any of the forgoing reasons, (a) Daisley Mediation will have no obligation to notify any third parties regarding such termination, and (b) you will be responsible for any damages that may result or arise out of termination of your account.

You understand any information submitted about a case (“Case Information”) through the use of the Site is the sole responsibility of the person posting or transmitting such Case Information. You, and not Daisley Mediation, are entirely responsible for all Case Information that you upload, post, email, transmit or otherwise make available on the Site or through the use of the Site. Under no circumstances will Daisley Mediation be liable in any way for any Case Information including, but not limited to, any errors or omissions in any Case Information, or any loss or damage of any kind incurred as a result of the use of or your loss of use of any Case Information posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site. You agree that Daisley Mediation may, in its sole discretion, refuse to post, store or transmit any Case Information submitted by you and may move, remove, edit or modify any such Case Information for any reason at any time.

You agree not to:

  1. upload, post, email, transmit, display on the Site or make available through the use of the Site (a) any information that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct, (b) any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (c) any information that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity, (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, or (e) any material that contains any virus, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
  2. usethe Site to (i) harm minors in any way, (ii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (iii) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service, (iv) intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law, (v) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, or (vi) stalk or otherwise harass another;
  3. remove any proprietary notices from the Site;
  4. attempt to hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Daisley Mediation with respect to any features of the Site and/or data transmitted, processed or stored by Daisley Mediation on the Site;
  5. attempt to harvest or collect any information about or regarding other users of the Site including, but not limited , any personal data or information; and/or
  6. interfere with or disrupt the Site or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site.

You acknowledge, consent and agree that Daisley Mediation may access, preserve and disclose account information and/or registration information or Case Information that you provide if Daisley Mediation is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (A) comply with legal process, (B) enforce these Terms of Service, (C) respond to claims that any registration information or Case Information violates the rights of any third parties, (D) respond to your requests for customer service, or (E) protect the rights, property or personal safety of Daisley Mediation, its employees, partners, agents or members of the public.

The Site may contain links to other Internet websites and resources. Daisley Mediation may provide links and, if it does so, they are merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by Daisley Mediation of such websites or any content contained therein. You acknowledge and agree that Daisley Mediation is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources either via links provided by Daisley Mediation or by any user or third party.

Links to Other Websites

THE SITE AND ALL OF ITS CONTENT AND FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DAISLEY MEDIATION SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FURTHER, IN NO EVENT SHALL ANY INFORMATION ON THE SITE BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND CONSULT OF A LICENSED ATTORNEY.

You understand that the processing and transmission of communications relating to the use of the Site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Daisley Mediation will not be responsible or liable for the timeliness, deletion, mistaken delivery or failure to store any data, information or content that you provide for display on the Site or for transmission through the use of the Site.

Daisley Mediation makes no representation or warranty that (i) the Site will meet your expectations or requirements, (ii) the Site will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Site will be accurate, timely, complete or reliable, (iv) any errors or defects in the Site will be corrected, or (v) the Site and/or the server that makes the Site available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Site may be interfered with by numerous factors outside of Daisley Mediation’s control including, but not limited to, telecommunications network disruptions. Daisley Mediation is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site.

You acknowledge that the entire risk arising out of the use or performance of the Site remains with you to the maximum extent permitted by law.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE.

Limitation of Liability

IN NO EVENT SHALL DAISLEY MEDIATION OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE PORTAL INCLUDING, BUT NOT LIMITED TO THE SITE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF DAISLEY MEDIATION OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL DAISLEY MEDIATION BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF Daisley Mediation TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).

Termination

You agree that Daisley Mediation, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site at any time under certain circumstances including, but not limited to, if Daisley Mediation believes in good faith that you have violated or acted inconsistently with these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that Daisley Mediation determines to be inappropriate or unacceptable.

Indemnity

You agree to defend, indemnify and hold Daisley Mediation and its licensors, licensees, affiliated companies, and marketing partners, together with their respective employees, agents, directors, officers and members, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site, (iv) your use or disclosure of another person’s personal, financial or credit information or (v) the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the information that you post on or transmit through the Site.

Copyright Infringement

Daisley Mediation respects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Site is infringing your copyright, please notify Daisley Mediation in accordance with the following procedure: All notifications of copyright infringement must be in writing and directed to Daisley Mediation’s designated agent at the following address or email address:

Robert M. Daisley
Daisley Mediation
4006 S. MacDill Ave.
Tampa, FL 33611
rob@daisleymediation.com

Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Daisley Mediation to locate the material, (iv) information reasonably sufficient to permit Daisley Mediation to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Miscellaneous

These Terms of Service, and any other agreement regarding the Site between you and Daisley Mediation, constitute the entire agreement between you and Daisley Mediation with respect to your access and use of the Site and supersede all prior and contemporaneous agreements between you and Daisley Mediation. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Daisley Mediation’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of Florida, and applicable federal law, without regard to any conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Hillsborough County, Florida. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site, that you and Daisley Mediation will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via overnight delivery mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Tampa, Florida with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

If you have any questions about these Terms of Service or your rights or Daisley Mediation’s obligations relating to the, please email us at
rob@daisleymediation.com
or you may contact us by mail at:
Robert M. Daisley
Daisley Mediation
4006 S. MacDill Ave.
Tampa, FL 33611