Terms and Conditions
DISCLAIMER AND TERMS OF USE
1. Introduction
The Investment Arbitration Reporter (hereinafter referred to as “IAReporter”) news service is published by IAReporter LLC, a California-based company. The service is designed to provide news reports, articles and analysis (“materials” relating to developments in foreign investment protection, dispute resolution and policymaking. Receipt and use of our reports, articles and analyses are subject to the terms and conditions set forth below. By agreeing to subscribe to and read our materials you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree with any of these terms, do not subscribe to our service or use our materials.
2. General Disclaimers and Limitation of Liability
Our materials contain information that is intended for general guidance only. We are committed to providing our users and subscribers with timely and accurate information. While we have made every attempt to ensure the reliability of information contained in this web site, all information should be independently verified before being relied upon. We do not assume responsibility for any error, omission, or inaccuracy in the information contained in our materials. We shall not be responsible for any damages stemming from the use or inability to use our materials, and in any case shall not be responsible for consequential damages or lost profits. For users in states or countries which do not permit exclusion of implied warranties or the limitation of liability for incidental or consequential damages, the above limitations or exclusions may not apply. In such states or countries, the liability of IAReporter and its third party content providers shall be limited to the greatest extent permitted by law.
Certain links our materials connect to other web sites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other web sites and we disclaim any liability as to the content of any linked sites. These links are provided solely as a convenience and do not constitute an endorsement of the contents of the linked sites.
The law firms and companies included or described on the web site are not associated or affiliated with IAReporter. We do not certify or endorse any such law firm or company, nor do the law firms and companies endorse the information provided on this web site. You hereby acknowledge that any reliance upon any information or content on this web site shall be at your sole risk. IAReporter makes no representation that our materials are appropriate or available for use in all geographic locations, including those outside the United States, and accessing them from territories where the contents are illegal. Those who receive and read our materials do so on their own initiative and are responsible for compliance with applicable laws.
IAReporter does not warrant that delivery of our materials will be uninterrupted or error‐free, or that defects will be corrected. You are responsible for taking all precautions necessary to ensure that any content you receive is free of viruses, worms or trojan horses.
3. No Endorsement or Legal Advice Provided; No Attorney‐Client Relationship Created
Our materials are made available for general information purposes and intended solely as informal guidance; it is not a determination of your legal rights, nor your responsibilities under the law. IAReporter do not provide legal advice. IN NO EVENT WILL IAReporter BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE
IAReporter CONTENT OR ANY OTHER INFORMATION CONTAINED IN OR PROVIDED THROUGH THE SITE. IAReporter is not engaged in the practice of law. Nothing contained in, nor transmission and/or receipt of any information contained on the Site will constitute an attorney‐client relationship; on the contrary, IAReporter provides news‐media functions only, including journalistic reporting, analysis and commentary. You should always seek the advice of legal professionals before acting on information from the Site.
While we have made every attempt to ensure that our information has been obtained from reliable sources, IAReporter does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statements featured in our materials.
4. License Grant
Access to our materials is pursuant to an annual or monthly subscription. All others are prohibited from receiving and viewing these materials. A single copy of information displayed on your computer screen may be downloaded and viewed and/or printed solely by permitted users for non‐commercial personal use only, provided all copyright and other proprietary notices contained on the materials are retained.
No other rights in and to the material are granted to subscribers.
Unauthorized copying, forwarding or disclosing sufficient information to any non‐subscriber so that they may access or view our materials is expressly prohibited and a violation of IAReporter’s proprietary rights in the materials accessible therein.
5. Copyrights
Our materials are copyrighted and may not be reproduced without the express written permission of IAReporter, except as expressly provided herein. Reproduction, republishing, displaying, performing, distributing, modifying, transmitting, reusing, re‐positing, or using the copyrighted content for public or commercial purposes, including, without limitation, the text, images, audio and/or video, without the express written permission of IAReporter is prohibited.
6. Governing Law and Compliance with Laws
These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of New York and the federal laws of the United States applicable in the State of New York. Any dispute related to the Site, the Services or these Terms and Conditions shall be governed by the laws of the State of New York and the federal laws of the United States applicable in the State of New York and resolved in the courts of the State of New York. If you are not resident in the State of New York, USA, your use of the Site and the Services is at your own risk and you are responsible for complying with any other laws applicable to you and your use of the Site and the Services.
7. Refund Policy
A refund is the actual reimbursement of the cost of a subscription to a customer. IAReporter will provide prorated refunds based on the remaining subscription period. For example, if 80% of the subscription period remains from the date the refund is requested, the customer will receive a refund of 80% of the subscription cost. Total refunds (100%) are possible based on discussion between the customer and IAReporter. IAReporter accomplishes the refund by reversing a prorated amount of that previously charged to the customer’s credit card, which is then credited to the appropriate card or account at the customer’s bank. IAReporter will only issue a refund to the original funding source.
8. Miscellaneous
The Terms and Conditions represent the entire agreement between IAReporter and you with regard to use of the Services and they supersede any prior agreement between you and IAReporter concerning use of the Services. You may also be subject to additional Terms and Conditions specific to certain Services, third party content and third party software that will be disclosed to you once you access such Services, content or software. The failure by IAReporter to exercise any rights conferred upon it by virtue of the Terms and Conditions in no way constitutes a waiver of such rights. Should any provision of these Terms and Conditions be judged to be invalid by the decision of a court, all other provisions will remain in effect and continue to apply. The section titles in the Terms and Conditions are provided for information purposes only and have no legal effect. The use of some IAReporter Services may require compliance with additional or specific rules, conditions, provisions or guidelines that will be set forth in a separate agreement. Such rules and guidelines will be considered an integral part of these Terms and Conditions. In the event of any disagreement or confusion between the Terms and Conditions and the separate agreement, the latter will prevail.
9. Integration; Severability; General
This agreement constitutes, along with any other agreements, other than IAReporter’s privacy policy (see Annex 1 below), constitutes the entire understanding between the parties hereto with respect to the subject matter hereof. In the event any provision of this Agreement conflicts with any provisions of any other agreement between the parties hereto, the provisions of this Agreement shall control. This Agreement shall not be modified or amended except by way of writing and then only when signed by a duly authorized representative of the party against whom enforcement thereof is sought. This Agreement shall inure to the benefit of and be binding upon the respective successors, heirs and assigns of the parties hereto. In the event of the user’s unauthorized use of our content, IAReporter shall not have an adequate remedy at law, and thus, in addition to all other available remedies, IAReporter shall be entitled to immediate injunctive relief, associated costs and attorneys’ fees.
Any provision of this Agreement which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable in that jurisdiction without in any way invalidating the remaining provisions of this Agreement. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
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The person responsible for our content is Luke Eric Peterson. He may be contacted at IAReporter LLC, P.O. Box 46442, West Hollywood, CA, USA, 90046; or by e‐mail at editor@iareporter.com