Terms of Service Policy
Phillip Neiman, doing business as Neiman Mediation, owns and operates this website (the “NM Site”). The Site is subject to this Terms of Service (“TOS”) Policy. The words “we,” “our,” and “us” in this document refer to Neiman Mediation.
Acceptance of Terms
By visiting and using information from the Site, you agree to be bound by all of the terms and conditions of this TOS Policy. If you do not agree to these TOS, please exit and do not use the NM Site.
This website is the product and result of countless hours of training, education, professional experience, writing and preparation, as well as substantial financial investment. Neiman Mediation is the sole owner of the NM Site and of all individual content on the NM Site (unless explicitly stated otherwise (and excepting content contained on actual links to third-party websites)). You acknowledge that the content provided on the NM Site is the intellectual property of Neiman mediation, is proprietary, and is protected by copyrights, trademarks, service marks and/or other property rights and laws. You agree not to modify, borrow from, co-opt, rent, lease, sell, transfer, distribute, link to, disseminate or create derivate works based on the NM Site in whole or in part. You are authorized to download one copy of the material from the NM Site on one computer for your own personal, non-commercial use only, and in doing so you may not remove any copyright, trademark, service mark or other proprietary notice. Use permissions beyond those described above require the express written permission of Neiman Mediation. You may not use the NM Site to advertise, market or promote your own services or products under any circumstances.
No Commercial Use
Neiman Mediation grants you a limited license to access and make personal use of the NM Site. You agree not to share, reproduce, duplicate, copy, sell, trade or exploit for any commercial purpose any portion of this site. Any unauthorized use terminates the permission or license granted by Neiman Mediation to the user, and there may be other legal rights and remedies available to the NM Site owner.
Information contained on the NM Site is for general information purposes only and is provided as a service to those that use the NM Site. We strive to be as current and precise as possible but do not guarantee that our content is complete or accurate. We are not responsible for any damages or consequences that may result from a user of the NM Site relying on the materials contained on the NM Site. Some of the information on the NM Site contains legal terms and concepts. This is not intended as legal advice nor is it a substitute for obtaining legal representation. We recommend that users of the NM Site consult with their own attorneys for legal advice. Although Phillip Neiman is an attorney, Neiman Mediation is not a legal services organization and Phillip Neiman does not serve as counsel for any party when providing mediation or facilitation services. No attorney-client relationship is created by visiting the NM Site or in the work we do on behalf of clients in mediation and deal facilitation. In addition, no mediator-client relationship or other relationship is formed by virtue of a user accessing the information on the NM Site or contacting us to inquire about our services.
Disclaimer of Warranties
Neiman Mediation disclaims all warranties of any kind, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neiman Mediation makes no warranty that (1) the NM Site or any other Neiman Mediation services will meet your requirements; (2) the NM Site will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from the use of the NM Site will be accurate or reliable; (4) the quality of any information or material obtained through the NM Site will meet your expectations; and (5) that any errors or software issues will be corrected. Any material downloaded or otherwise obtained through the use of the NM Site is accessed at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Neiman Mediation or through or from the NM Site shall create any warranty not expressly stated in the TOS.
Limitation of Liability
You expressly understand and agree that Neiman Mediation shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other tangible or intangible losses (even if you have advised us of the possibility of such damages), resulting from: (1) the use or the inability to use the NM Site; (2) unauthorized access to or alteration of your transmissions or data; (3) the reliance on any material or information contained on or omitted from the NM Site or (4) any other matter relating to the NM Site.
Third Party Content
Pages of the NM Site may include links to external third-party websites (the “Third-Party Sites”). These links are provided as a courtesy to users of the NM Site. The Third-Party Sites are not governed by the Neiman Mediation TOS Policy. Neiman Mediation does not review all (or necessarily any) of the content on the Third-Party Sites and is not responsible for the quality or accuracy of information provided by them. We do not necessarily endorse the ideas, suggestions, opinions, text, data or other material contained on the Third-Party Sites, nor do we claim any ownership rights in the Third-Party Sites, and we assume no responsibility for your use thereof.
Copyright Infringement and DMCA Policy
Neiman Mediation respects the intellectual property rights of third parties. If you believe that material appearing on, or linked to through, the NM Site violates your copyright, you are encouraged to notify Neiman Mediation in accordance with Neiman Mediation’s Digital Millennium Copyright Act Policy (the “DMCA Policy”). The NM Site now or in the future may include an interactive feature, membership option, posting ability, community or discussion forum or other service in which the user provides information and data to or through the NM Site, and this DMCA Policy is written assuming such interactivity is in place, but shall be applicable even if such features are not in place. Neiman Mediation will terminate a user’s access to and use of the NM Site if the user is determined, in Neiman Mediation’s sole’s discretion, to be a repeat infringer of the intellectual property rights, including without limitation the copyrights, of Neiman Mediation or third parties. Neiman Mediation reserves the right to terminate access for participants and/or users who are found to repeatedly provide or post legally-protected third party content without the necessary rights, permissions and/or licenses. If you are a copyright owner or an agent of a copyright owner and you have a good faith belief that any material appearing on or linked to by the NM Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512, by sending a written notice (an “Infringement Notice”) containing all of the following information to Neiman Mediation’s copyright agent at the address appearing on the Contact Page of the NM Site, with a duplicate copy via email to the email address appearing on such page, such notice to be signed under penalty of perjury and notarized: (1) Notification Date; (2) Your name, physical address, telephone number and email address; (3) A statement that you are either the copyright owner or a person authorized to act on his, her or its behalf; (4) A description of the copyrighted work that is claimed to have been infringed upon, providing sufficient detail to enable Neiman Mediation to locate and identify such content; (5) A description of the content that is claimed to be infringing and the location of the infringing content, providing sufficient detail to enable Neiman Mediation to locate and identify such content; (6) A statement that you believe in good faith both (a) that use of the material in the manner claimed of is not authorized by the copyright owner, by his, her or its agent, or by applicable law and (b) that all of the information contained in the notification is true and correct; and (7) The signature (electronic or physical) of the copyright owner or of his, her or its agent. If Neiman Mediation takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party party that made such content available and may also provide a copy of your Infringement Notice to the party that made the content available and possibly to third parties. If your content is removed from the NM Site and you believe that it was removed in error either because it is not infringing or because you have permission, authority or a license to use such content or otherwise pursuant to applicable law, you may send a counter-notice containing all of the following information to Neiman Mediation’s copyright agent at the address appearing on the Contact Page of the NM Site, with a duplicate copy via email to the email address appearing on such page, such notice to be signed under penalty of perjury and notarized: (1) Notification Date; (2) Your name, physical address, telephone number and email address; (3) A description of the content that was removed and the location at which the content appeared prior to its removal; (4) A statement that you have a good faith belief that the content was removed in error, as a result of mistake or mis-identification and the basis for such belief (e.g., that you have all necessary approvals, permits and/or licenses or that you are permitted to post such content pursuant to applicable law); (5) A statement you content to the jurisdiction of the U.S. Federal District for the judicial district in which you are physically located (or, if you reside outside of the U.S., then the U.S. Federal District Court for the Northern District of California); (6) A statement that you will accept service of process from the person who provided the Infringement Notice (as such term is defined above); and (7) Your physical or electronic signature. If a counter-notice is received by Neiman Mediation’s copyright agent, Neiman Mediation may send a copy of such counter-notice to the party that provided the Infringement Notice and Neiman Mediation may inform such party that the content which was removed may be re-posted or reinstated within 10 business days. Unless the copyright owner or his, her or its agent files an action seeking a court order against the content provider, the removed content will be re-posted or reinstatement on the NM Site in approximately 15 business days Neiman Mediation’s receive of the counter-notice.
Use and Storage
The NM Site now or in the future may include an interactive feature, membership option, posting ability, community or discussion forum or other service in which the user provides information and data to or through the NM Site. You acknowledge that Neiman Mediation may establish practices and limits concerning use of the NM Site, including without limitation the maximum disk space that will be allotted on servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the site in a given period of time. You agree that Neiman Mediation has no responsibility or liability for the deletion or failure to store any messages or other communications or other content maintained or transmitted by or through the NM Site. You also acknowledge that Neiman Mediation reserves the right to logoff and/or remove accounts that are inactive for an extended period of time. Neiman Mediation assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.