User Agreement
Welcome, and thank you for being part of Prime Dispute! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
1 . Introduction
1.1. Purpose
An inspiring presence within the profession, Prime Dispute supports it members towards greater success and a global identity. Our mission it to increase the awareness of dispute avoidance, resolution & management and ensure clients avoid the unnecessary costs of litigation. Our services are designed to promote economical dispute avoidance/resolution/management opportunities for industry. We provide 'Trainee' and three other levels of membership designation; APD (Associate Prime Dispute), MPD (Member Prime Dispute), FPD ( Fellow Prime Dispute) and a Corporate Membership Programme.
1.2. Agreement
When you use our membership designations or Corporate Membership Programme, you are entering into a legal agreement and you agree to all of these terms. You also agree to our terms and conditions, which covers how we collect, use, share, and store your personal information.
You agree that by clicking “Join Now”, “Sign Up” or similar, registering, accessing or using our membership services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Prime Dispute Limited.
This “Agreement” includes this User Agreement and the Terms and Conditions, and other terms that will be displayed to you, as may be amended by Prime Dispute from time to time. If you do not agree to this Agreement, do NOT click “Join Now” (or similar) and do not access or otherwise use any of our Services.
2. Obligations
Here are some promises you make to us in this Agreement:
2.2. Your Membership
You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to:
(1) try to choose a strong and secure password;
(2) keep your password secure and confidential;
(3) not transfer any part of your account (e.g., documents);
(4) follow the law and the Dos and Don'ts below.
You are responsible for anything that happens through your account unless you close it or report misuse.
2.3 Payment
You will honour your payment obligations and you are okay with us processing your payment information. Also, there may be fees and taxes that are added to our prices. We don't guarantee refunds. If you purchase any of our paid Services , you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription or similar. Also:
2.4. Notices and Service Messages
You are okay with us using our websites, social platforms, and newsletter (or similar) to provide you with important notices. If the contact information you provide is not up to date, you may miss out on these notices. Please email [email protected] to keep your details updated.
2.5. Membership and Corporate Membership Profiles
Our Services allow sharing of information in many ways, such as:
(a) your profile;
(b) sharing your name or photo which shall be attached to publications or for marketing purposes;
(c) links to news articles;
(d) job postings;
(e) videos;
(e) blogs.
Information and content that you provide on your application will be seen by other members, clients, industry, and by visitors. We provide you with a choice to opt in or out of a us sharing your information or a public profile . We are not obligated to publish any information or content on your profile and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to Prime Dispute
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. You promise to only provide information and content that you have the right to share, and that your information provided on your application (or similar) will be truthful.
As between you and Prime Dispute, you own the content and information that you submit on your application (or similar) and you are only granting Prime Dispute the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You agree that we may access, store and use any information that you provide in accordance with our ‘Terms and Conditions’. By submitting suggestions or other feedback regarding our Services to Prime Dispute, you agree that Prime Dispute can use and share (but does not have to and you may withdraw consent at any time) such feedback for any purpose without compensation to you. You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Prime Dispute may be required by law to remove certain information or content in certain countries.
3.2. Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. Prime Dispute is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
3.3. Other Content, Sites and apps
Third parties may offer their own products and services through Prime Dispute, and we are not responsible for those third-party activities.
You are responsible for deciding if you want to access or use third party information or sites that link from our Services. Third party links and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Prime Dispute is not responsible for these other sites and apps, you are using these at your own risk.
3.4. Limits
Prime Dispute reserves the right to restrict, suspend, or terminate your membership (or similar services) if Prime Dispute believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts). Prime Dispute reserves all of its intellectual property rights in the Services. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, PRIME DISPUTE (AND THOSE THAT PRIME DISPUTE WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PRIME DISPUTE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), PRIME DISPUTE (AND THOSE THAT PRIME DISPUTE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS BETWEEN YOU AND PRIME DIPUTE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PRIME DISPUTE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Our Terms & Condition for user of Prime Dispute are available on our website.
5. Termination
We can each end this Agreement anytime we want.
Prime Dispute or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
6. Dispute Resolution
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. The arbitration shall be administered by Prime Dispute. The number of arbitrators shall be One. The language to be used in the arbitral proceedings shall be English. The Place of Arbitration shall be London, United Kingdom. The arbitrator(s) shall be a Fellow of Prime Dispute.
7. General Terms
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by English law this Agreement is binding. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we do not act to enforce a breach of this Agreement, that does not mean that Prime Dispute has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Prime Dispute may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is by email at [email protected].
8. Prime Dispute “DOs” and “DON’Ts.”
8.1. Dos. You agree that you will:
Last revised on 16 July 2020.
Welcome, and thank you for being part of Prime Dispute! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
1 . Introduction
1.1. Purpose
An inspiring presence within the profession, Prime Dispute supports it members towards greater success and a global identity. Our mission it to increase the awareness of dispute avoidance, resolution & management and ensure clients avoid the unnecessary costs of litigation. Our services are designed to promote economical dispute avoidance/resolution/management opportunities for industry. We provide 'Trainee' and three other levels of membership designation; APD (Associate Prime Dispute), MPD (Member Prime Dispute), FPD ( Fellow Prime Dispute) and a Corporate Membership Programme.
1.2. Agreement
When you use our membership designations or Corporate Membership Programme, you are entering into a legal agreement and you agree to all of these terms. You also agree to our terms and conditions, which covers how we collect, use, share, and store your personal information.
You agree that by clicking “Join Now”, “Sign Up” or similar, registering, accessing or using our membership services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Prime Dispute Limited.
This “Agreement” includes this User Agreement and the Terms and Conditions, and other terms that will be displayed to you, as may be amended by Prime Dispute from time to time. If you do not agree to this Agreement, do NOT click “Join Now” (or similar) and do not access or otherwise use any of our Services.
2. Obligations
Here are some promises you make to us in this Agreement:
2.2. Your Membership
You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to:
(1) try to choose a strong and secure password;
(2) keep your password secure and confidential;
(3) not transfer any part of your account (e.g., documents);
(4) follow the law and the Dos and Don'ts below.
You are responsible for anything that happens through your account unless you close it or report misuse.
2.3 Payment
You will honour your payment obligations and you are okay with us processing your payment information. Also, there may be fees and taxes that are added to our prices. We don't guarantee refunds. If you purchase any of our paid Services , you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription or similar. Also:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates);
- You must pay us for applicable fees and taxes unless you cancel the Service, in which case you agree to still pay these fees through the end of the applicable subscription period;
- Taxes are calculated based on the billing information that you provide us at the time of purchase;
- Ensure you provide accurate and correct information for your invoice as it can not be changed once submitted.
2.4. Notices and Service Messages
You are okay with us using our websites, social platforms, and newsletter (or similar) to provide you with important notices. If the contact information you provide is not up to date, you may miss out on these notices. Please email [email protected] to keep your details updated.
2.5. Membership and Corporate Membership Profiles
Our Services allow sharing of information in many ways, such as:
(a) your profile;
(b) sharing your name or photo which shall be attached to publications or for marketing purposes;
(c) links to news articles;
(d) job postings;
(e) videos;
(e) blogs.
Information and content that you provide on your application will be seen by other members, clients, industry, and by visitors. We provide you with a choice to opt in or out of a us sharing your information or a public profile . We are not obligated to publish any information or content on your profile and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to Prime Dispute
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. You promise to only provide information and content that you have the right to share, and that your information provided on your application (or similar) will be truthful.
As between you and Prime Dispute, you own the content and information that you submit on your application (or similar) and you are only granting Prime Dispute the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by emailing us, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup, search engines and other systems;
- We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in our terms and conditions.
- We will obtain your consent if we want to give others the right to publish your information beyond the Service. However, other members, clients and/or visitors may access and share your content and information, if your information is in a Profile, public domain or similar.
- While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
You agree that we may access, store and use any information that you provide in accordance with our ‘Terms and Conditions’. By submitting suggestions or other feedback regarding our Services to Prime Dispute, you agree that Prime Dispute can use and share (but does not have to and you may withdraw consent at any time) such feedback for any purpose without compensation to you. You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Prime Dispute may be required by law to remove certain information or content in certain countries.
3.2. Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. Prime Dispute is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
3.3. Other Content, Sites and apps
Third parties may offer their own products and services through Prime Dispute, and we are not responsible for those third-party activities.
You are responsible for deciding if you want to access or use third party information or sites that link from our Services. Third party links and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Prime Dispute is not responsible for these other sites and apps, you are using these at your own risk.
3.4. Limits
Prime Dispute reserves the right to restrict, suspend, or terminate your membership (or similar services) if Prime Dispute believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts). Prime Dispute reserves all of its intellectual property rights in the Services. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, PRIME DISPUTE (AND THOSE THAT PRIME DISPUTE WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PRIME DISPUTE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), PRIME DISPUTE (AND THOSE THAT PRIME DISPUTE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS BETWEEN YOU AND PRIME DIPUTE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PRIME DISPUTE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Our Terms & Condition for user of Prime Dispute are available on our website.
5. Termination
We can each end this Agreement anytime we want.
Prime Dispute or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members' and/or clients' rights to further re-share content and information you shared through the our Service prior to termination;
- Sections 4, 6 and 7 of this Agreement;
- Any amounts owed by either party prior to termination remain owed after termination;
- Return and do not use any certificates which Prime Dispute has provided you with.
6. Dispute Resolution
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. The arbitration shall be administered by Prime Dispute. The number of arbitrators shall be One. The language to be used in the arbitral proceedings shall be English. The Place of Arbitration shall be London, United Kingdom. The arbitrator(s) shall be a Fellow of Prime Dispute.
7. General Terms
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by English law this Agreement is binding. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we do not act to enforce a breach of this Agreement, that does not mean that Prime Dispute has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Prime Dispute may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is by email at [email protected].
8. Prime Dispute “DOs” and “DON’Ts.”
8.1. Dos. You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name if you contact us, use our services or on your application form/profile;
- Use the Services in a professional manner.
- Have the appropriate PI Insurance in place should you practise as a dispute avoidance or resolution specialist.
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content on our social platforms;
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Use or attempt to use another individual membership account;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others;
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- If you would like to use our Prime Dispute Logo to ensure your request permission from a current Prime Dispute member of staff;
- Copy or use the information, content or data of others available on the Services (except as expressly authorised);
- Copy or use the information, content or data on Prime Dispute in connection with a competitive service (as determined by Prime Dispute);
- Copy, modify or create derivative works of Prime Dispute , the Services or any related technology (except as expressly authorised by Prime Dispute);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by Prime Dispute without our express consent (e.g., representing yourself as an accredited Prime Dispute trainer/educator);
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from Prime Dispute without the consent of Prime Dispute;
- Share or disclose information of others without their express consent;
- Monitor the Services' availability, performance or functionality for any competitive purpose;
- Override any security feature of the Services.
Last revised on 16 July 2020.
