WEBSITE TERMS AND CONDITIONS OF USE
Welcome to the Website for the Mediation Training Group (“MTG”). By using this Website, you agree to be bound by the Terms and Conditions of Use (“Terms”) provided here. “Website” means www.mediationtraining.group, www.mediationtraininggroup.com, and all post-domains. We make the information, products, and services provided on the Website available to you conditioned on your acceptance without modification of these Terms. We reserve the right, in our sole discretion, to modify the Terms and any fees at any time, effective upon the date we post the modified Terms on our Website. We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or to any part of the website at any time for any reason without prior notice or liability. We may change, suspend, or discontinue all or any of our services at any time, including the availability of any service feature, database, or content without prior notice or liability. We reserve the right to remove and/or edit any material we provide on the Website and/or that you submit to us for any reason, without prior notice to you and without liability to us. We shall not have any liability to you as a result of service outages caused by our maintenance of the servers or the technology that underlies the service, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or other destruction or damage of our facilities, and Act of God, war, civil disturbance, pandemic, or other cause beyond our reasonable control.
Our Website provides you with the ability to browse our selection of Courses, learn about each program, and register for the Course(s) you select. Upon registration (which reserves a place for you on the date you have selected for the Course), you shall have access to Course material prior to the beginning of the Course, and you shall receive a Zoom invitation for the date(s) of training. If a Course is to be held in person, then Course material shall be emailed to each registrant prior to the training. All Course material is screen-shared making the printing of Course material entirely optional to the registrant.
Training and associated material is provided by Robin Caral Shaw Conflict Solutions, Inc. d/b/a Mediation Training Group. Our mailing address is 7050 W Palmetto Park Rd, #15-396, Boca Raton, FL 33433. If you would like information on how to contact us, click Contact Us.
IMPORTANT NOTICE: These Terms contain an agreement to mediate any dispute. In the event a dispute arises under the Terms, the dispute shall be brought before a Florida Supreme Court Circuit Civil Mediator chosen by mutual agreement of the Parties. Each of us shall pay an equal portion of the mediator’s fees and costs and our own attorneys’ fees.
3. MINORS. You represent and warrant that you are more than Eighteen (18) years of age. People Eighteen (18) years of age or younger are not allowed to use, register, or register other users at this Website, nor may they purchase any services and/or products at this Website. For more information, please see our COPPA Policy.
5. NO LEGAL SERVICES; NO ATTORNEY-CLIENT RELATIONSHIP. Neither our Website nor any Course instruction (whether written or oral) is intended to provide legal advice or counseling. No information provided should be considered or relied upon as legal advice on any specific matter. You should never act upon general information on legal matters without consulting an attorney for individual advice regarding your own situation. Use of this Website for communications with us shall not establish an attorney-client relationship. We shall have no duty to keep confidential any information transmitted to use through use of this Website. Messages transmitted to us through this Website should not contain confidential or time-sensitive information. Our review of your information, even if highly confidential and transmitted in a good faith effort to retain us, does not preclude us from mediating the matter or from representing another client directly adverse to you, even in a matter where that information could and shall be used against you. The only way to engage an MTG Trainer is through a mutual agreement in a formal Agreement to Mediate. The only way to become a client of an MTG Trainer is through a form Letter of Engagement. Once an Agreement to Mediate or a Letter of Engagement is signed, MTG has an obligation to keep mediation participant’s and client’s information confidential except where disclosure is required or permitted by law, or with the consent of all parties to a dispute.
6. DISCLAIMER OF LIABILITY FOR OUR PRODUCTS AND SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MTG IS NOT RESPONSIBLE FOR THE PRODUCTS AND/OR SERVICES YOU USE AND/OR PURCHASE FROM US OR OTHERS,WHETHER OR NOT SOLD THROUGH OUR WEBSITE, AND WHETHER OR NOT THEY ARE OUR PRODUCTS AND/OR SERVICES. THERE ARE SOME STATES THAT DO NOT ALLOW DISCLAIMERS OF WARRANTIES AND/OR LIMITATIONS TO LIABILITY, SO THIS MAY NOT APPLY TO YOU. MTG, OUR AFFILIATES, AND ASSIGNS SHALL NOT BE LIABLE TO YOU, ANY AND ALL OTHER PERSON(S), AND/OR ANY AND ALL ENTITY(IES), FOR ANY AND ALL (INCLUDING, WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, AND/OR INTENTIONAL TORT) ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OR USE OF ANY AND ALL MTG PRODUCTS AND/OR, EVEN IF MTG HAS BEEN ADVISED OF, AND/OR KNEW OF, AND/OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL PRODUCTS AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES REGARDING ANY AND ALL PRODUCTS AND/OR SERVICES, EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. BY USING THIS WEBSITE, AND/OR PURCHASING ANY MTG PRODUCT AND/OR SERVICE, YOU CONSENT TO THE TERMS OF THIS DISCLAIMER, AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF PALM BEACH COUNTY, FLORIDA WITH RESPECT TO ANY AND ALL CLAIMS MADE REGARDING ANY AND ALL PRODUCTS AND/OR SERVICES, AND/OR THE USE OF SAME. EACH PARTY SHALL PAY ITS OWN ATTORNEYS’ FEES AND COSTS THROUGH ANY APPEALS TAKEN. YOU AGREE TO DEFEND, SAVE, AND/OR HOLD MTG HARMLESS FROM ANY AND ALL CLAIMS MADE, AND/OR ANY AND ALL ATTORNEY(S) FEES INCURRED, WITH RESPECT TO THE PURCHASE AND/OR USE OF ANY AND ALL PRODUCTS AND/OR SERVICES BY (A) THIRD PARTY(IES)
7. REGISTRATION, PRICING, REFUNDS.
a. REGISTRATION. Registering for all Courses is done through the Website. All major credit cards are accepted. All Courses are on Zoom (unless otherwise designated) and classes are limited to twenty-four (24) attendees.
b. PRICING AND PRICE CHANGES. Pricing for each Course generally reflects the number of hours in each Course. Price is not affected by whether Continuing Mediator, Continuing Legal, or Continuing Education credits are or are not available. We reserve the right to adjust pricing for any Course in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms. No price change shall affect the price to be paid for a Course by anyone already registered for that Course.
c. NO REFUNDS IF FORTY-EIGHT (48) HOURS OR LESS BEFORE THE COURSE BEGINS. EXCEPT WHERE WE MAY CANCEL A COURSE THAT IS NOT RESCHEDULED FOR A LATER DATE, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY COMPLETED COURSES. Where a refund is requested by a registrant before a Course has started and material is provided, MTG shall work with the registrant to find a later date to take or complete the Course. If MTG, in its sole discretion, agrees to a refund, the refund shall be reduced by ten percent (10%) of the amount paid as an administrative fee. If the registrant has already received Course material or has begun the Course, the amount of the refund or credit, and the decision to provide it, is at our sole and absolute discretion.
8. COURSES AVAILABLE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. During each Course you attend, you agree not to use the training, or the material provided with the training, for commercial purposes, public performances, conferences, classrooms or large group viewings, and agree not to share or transfer your Account Login information with or to any third party. For information on a license to enable commercial use, public performance or large group viewings, please contact us by email at ContactUs@MediationTraining.group.
9. COURSE AVAILABILITY. We intend to continually update Course content and may, from time to time, add or remove existing Courses at our sole discretion. No Course for which people have registered shall be removed unless the consent of the registrants is granted.
10. NO RECORDING OR REPRODUCTION OF COURSES WITHOUT WRITTEN CONSENT.
You agree to attend MTG Courses, in accordance with all applicable laws, rules and regulations, or other restrictions on use of a Course or Course material. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) full Course content, video or audio clips, images, screen grabs or information contained on or obtained from or through the Website without express written permission from MTG. You also agree not to circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the material.
11. DOWNLOADING RECORDED COURSES. MTG intends to create a library of recorded programs available for download for Continuing Mediation Education (CME) and Continuing Legal Education (CLE) credits and Continuing Education (CEU) units for mental health providers. Programs may be prerecorded by presenters or recordings of Courses originally presented on Zoom. Prices for downloadable Courses shall be determined on a case-by-case basis.
12. PASSWORDS AND ACCOUNT ACCESS. A Registrant who has created an account on our Website has access and control over that account through use of a password. Do not reveal your password to anyone else, and you may not use anyone else’s password or register for a Course in anyone else’s account unless you are an authorized user of that account. Unauthorized access to our services is a breach of the Terms. You are responsible for updating and maintaining the truth and accuracy of information you provide relating to your account, including keeping the information up to date.
13. THIRD-PARTY SITES AND CONTENT. Our Website may now or in the future contain links to other Internet websites that others own and operate. Your use of those websites is subject to the terms and conditions, if any, that those websites have posted. We have no control over third party websites and are not responsible for any changes to or content found on them. Inclusion of those sites is not an endorsement of the link or the link’s owner unless expressly stated in our Website.
14. USE OF INFORMATION SUBMITTED.
a. MTG is free to use any comments, information, ideas, concepts, reviews, or techniques, or any other material contained in any communication you send to us, including responses to questionnaires or through Website postings and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying, or improving Courses and Course material. MTG is free to use any suggestions or unsolicited materials or ideas for Courses without compensation, and is not responsible for the similarity of its content or programming in any media to materials or ideas transmitted to MTG. Should you send unsolicited materials or ideas, you do so understanding that no additional consideration of any sort shall be provided or paid to you, and you waive any claim against MTG and affiliates regarding use of those materials and ideas, even if material or an idea is used that is the same or substantially similar to material or an idea you sent.
b. We permit you to post or send us comments, information, ideas, concepts, reviews, or techniques and other material relating to MTG, our Courses, and Course material (each a “Response”). You are not permitted to post Responses that contain harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of MTG’s policies or services. We do not regularly review the Responses posted on our Website. However, we reserve the right to reject, remove, or edit any Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason.
c. Use of Responses: License Grant. (1) You agree that MTG is free to use any and all comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you send us (each a “Response”), without any compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing and advertising courses or products and creating, modifying or improving the Website, MTG, or our Courses and Course material. By posting any Response on our Website, submitting a Response to us on the Website, by mail or email, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license to display, use, reproduce, or modify the Response submitted in any medium, software, or technology of any kind now existing or developed in the future.
(2) By submitting a Response, you understand and agree that you are consenting to the release of all information provided in your Response, including your rating of a product or service, to a public forum, including other users of our Website. If you do not want your Responses to be shared in a public forum, do not use the response feature on our Website.
15. USE OF MTG WEBSITE.
a. Access is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We shall not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website or our entire Website. We have the right to terminate your access to the Website if we determine that you have failed to comply with any of the provisions of these Terms. You are solely responsible for keeping confidential any password you may be granted to access our Website. We advise you not to share your password, payment methods or any other information associated with our Website or your account with anyone.
b. By accessing our Website, you agree to use our Website, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations. In addition, the following restrictions apply to your use of our Website:
(1) You shall not to upload, post, email or otherwise send or transmit any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment associated with our Website;
(2) You shall not to interfere with the servers or networks connected to any portions of our Website or to violate any of the procedures, policies or regulations of networks connected to our Website;
(3) You shall not to impersonate any other person while using our Website or conduct yourself in a vulgar or offensive manner while using our Website;
(4) You shall not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website;
(5) You shall not use our Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(6) You shall not use our Website to send, knowingly receive, upload, download, use or reuse any material which does not comply with these Terms;
(7) You shall not use our Website to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and
(8) You shall not use our Website to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Website (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware.
17. NOTICE AND CONSENT TO ELECTRONIC COMMUNICATIONS. When you visit the Website or email us, you are communicating with us electronically. By using this Website, you consent to receive communications from us electronically, including, without limitation, email and text messages. We may communicate with you by email, text messaging or by posting notices to your account on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.
18. INTELLECTUAL PROPERTY.
(a) Trademarks. Trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Website (including but not limited to, Mediation Training Group, MTG, and its logo) are the registered and/or unregistered Trademarks of MTG. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the prior written permission of MTG or a third party that may own the displayed Trademarks. Other trademarks on our Website are the registered and/or unregistered trademarks of their respective owners.
(b) Website Contents and Copyright. Text, Trademarks, logos, images, graphics, photos, video files, audio files, application functionality, or any other digital media associated with MTG, made available through our Website and their arrangement on this Website (“MTG Intellectual Property”) are owned by MTG, or are licensed to MTG, and are subject to patent, copyright, trademark and other intellectual property protection. MTG Intellectual Property may not be copied for commercial use or distribution or public performance, nor may MTG Intellectual Property be modified, processed, or reposted to other websites for commercial or public performance purposes without our prior express written permission. Access is granted to this Website solely for your use of MTG for personal education, intellectual growth, skill enhancement, and communication with MTG. All rights in MTG Intellectual Property are reserved by and to MTG. You are not permitted to capture, modify, reuse or retransmit copies of MTG Intellectual Property, or to use any illustrations, photographs, video, music or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Website or in MTG content must always be acknowledged.
(c) If we learn of any violation of Sec. 18(a) or (b), your right to use our Website shall cease immediately and you must, at our option, return, discontinue use, or destroy any copies of the materials you have made. In addition, MTG reserves all rights to pursue any and all available legal and equitable remedies to address and remedy the breach.
19. LEGAL POLICIES. (a) You hereby agree to indemnify, defend, save and hold MTG, and all MTG officers, directors, owners, agents, information providers, affiliates, assigns and licensors (collectively, “Owners”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, and (2) any claim arising out of the material that you submit, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit.
(b) We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in Website search results. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using our search results.
(c) MTG DOES NOT WARRANT THAT SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF OUR SERVICES OR CONTENT. SERVICES AND CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH US IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR STORING ON YOUR COMPUTER OF ANY SUCH MATERIAL. MTG DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICES, CONTENT, AND/OR PRODUCTS, AND/OR ANY PRODUCTS AND/OR SERVICES SOLD THROUGH US. YOU EXPRESSLY AGREE THAT YOU SHALL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SAID PRODUCTS OR SERVICES AND THE ACCURACY OR COMPLETENESS OF ANY AND ALL CONTENT. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES AND PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent they relate to implied warranties. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
(d) National Do Not Call Registry. Please be advised that if you complete a contact form on the Website or create a login to view or make Course registration(s), you have expressly agreed to be contacted by telephone by us regardless of whether you are listed on the National Do Not Call Registry.
(e) Consent to Receive Marketing. People who have created a login and/or who have registered for one or more Courses (whether live or prerecorded), consent to receive email and marketing material from us and from our respected resources but may opt out at any time.
(a) Florida law; Dispute Resolution. This Agreement is made in the State of Florida and shall be governed by Florida law without reference to Florida’s choice of law provisions. An attempt to resolve any controversy or claim arising out of or in connection with these Terms shall first be made in mediation as more fully described on page 1 of these Terms under IMPORTANT NOTICE. If the dispute is not resolved in mediation, then an action may be brought in a court of competent jurisdiction in Palm Beach County, Florida. Any controversy or claim shall be litigated on an individual basis and shall not be consolidated in any litigation with any claim or controversy of any other party, and not be brought as a class action. Either you or we may seek interim or preliminary relief once an action is filed in a court of competent jurisdiction. Each party shall bear its own attorneys’ fees and costs.
(c) Some States do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such States, MTG liability and that of any third-party content providers and their respective agents shall be limited to the greatest extent permitted by law.
(d) You agree that there is no rule, law, and/or presumption applied to these Terms requiring construction of any and all ambiguities to be construed against the maker or drafter of these Terms.
(e) Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of these Terms. Wherever used in these Terms, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as the context requires.
(f) We may assign any and all rights and delegate any and all duties hereunder. You may not assign any and/or all of your rights nor delegate any and/or all of your duties hereunder.
(g) Any notice given under these Terms shall be sufficient if it is in writing and sent by a nationally recognized delivery service provider (FedEx, UPS, etc.) to MTG at its published mailing address and to the other party at the address provided when registering or communicating by email with us. Notice by any other method is insufficient to constitute Notice as required under these Terms.
Effective: December 2022
Robin Caral Shaw Conflict Solutions, Inc. d/b/a Mediation Training Group 7050 W Palmetto Park Rd, #15-396, Boca Raton, FL 33433 Tel: 561.852.1633 ContactUs@MediationTraining.group