Agreement for the Mediation Tribunal Association, Inc., Website.
Tribunal Association, Inc. (MTA) welcomes You to its website, at
www.mediationtribunal.org, and online services including the MTA Case
Evaluation Application. Please read this Agreement carefully. It governs
Your access to and use of the MTA Case Evaluation Application through the MTA
website. Your use of the MTA website, the MTA Case Evaluation Application
and/or other MTA online services is conditioned upon Your acceptance of this
Agreement. By clicking on the "I Accept" button, You agree to be
legally bound by all of the terms and conditions of this Agreement. If You are
acting as an employee, You represent and agree that this Agreement shall bind
Your employer and that You are authorized to do so. As used in this Agreement,
"You" or "Your" includes You and Your employer.
Accept the following terms and conditions for use of the MTA Website including
the MTA Case Evaluation Application.
Section 1. Definitions
following terms have the meanings set forth below when used in this Agreement:
"Authorized User" means You and any of Your employees, agents,
independent contractors or consultants who agree to be bound by the terms and
conditions of this Agreement and who are authorized or otherwise designated or
permitted by You to access and use the MTA Website or the MTA Case Evaluation
Application pursuant to the License.
"E-Document" refers to any document or discrete compilation of text
and/or graphical information in electronic form suitable for submission into
the MTA Case Evaluation Application, including but not limited to digital copies
of case evaluation summaries, and case evaluation acceptances or rejections.
"Enhancement" means any correction, modification, customization,
revision, enhancement, improvement, update, upgrade, new release or other
change that is released generally by MTA.
"Fee Schedule" means MTA’s current Fee Schedule for use of the MTA
Case Evaluation Application, as may be altered or amended from time to time by
"Information" means the records, data, databases, documents,
materials, and other information accessible through the MTA Website.
"License" means the limited license granted to You under this
“MTA Case Evaluation Application” means the application accessible on the MTA
Website that permits attorneys or litigants to electronically file with the MTA
digital copies of case evaluation summaries required under MCR 2.403,
electronically file case evaluation acceptances or rejections, or to make
online payments for fees related to case evaluation or the use of the MTA Case Evaluation
Application, or take other actions related to case evaluation.
"Proprietary Rights" means any patent, copyright, trademark, service
mark, trade secret or other intellectual property right.
"Third Party Content" means any content, records, data, documents,
materials, or other information supplied to MTA pursuant to an agreement with a
third party for inclusion as part of, or for use with, the MTA Website.
"MTA" means the Mediation Tribunal Association, Inc.
"MTA Website" means the MTA website (and all Enhancements thereto)
located at mediationtribunal.org, and includes the MTA Case Evaluation
"MTA Technology" means any know-how, processes, methodologies,
specifications, designs, inventions, functionality, graphics, techniques,
methods, applications, computer programs, user manuals, on-line documentation,
products, Proprietary Rights, or other technology and materials of any kind, or
any Enhancement thereto, used by MTA in connection with the performance of the
MTA Website or made available by MTA to You, any Authorized User or any third
party through the MTA website. “MTA Technology” also includes any Proprietary
Rights of Enqbator, LLC, in the MTA Website or MTA Case Evaluation Application.
"Unauthorized Use" means any use, reproduction, distribution,
disposition, possession, disclosure or other activity, including, without
limitation, any bulk reselling involving any aspect of the MTA Website, or the
MTA Case Evaluation Application that is not expressly authorized under this
Agreement or otherwise in writing by MTA.
"User Identification" means the unique user identification name and
password issued or otherwise assigned to each Authorized User for access to and
use of the MTA Website.
2. Acknowledgment of
Voluntary Use and Rules for Filing.
Your use of the MTA Website, including the Case Evaluation Application, as a
means of filing and serving case evaluation documents and notices or the
payment of fees is voluntary and not mandatory; and further that you may choose
to file and serve case evaluation documents and pay case evaluation fees under
the traditional means as prescribed by the applicable Michigan Court Rules or
By using the MTA Website, including the Case Evaluation Application You waive
service and receipt of the service of case evaluation documents, including but
not limited to summaries and notices of acceptance and rejection, through non
electronic means under the applicable court rules or statutes.
An E-document submitted to MTA or a party electronically through or in
conjunction with the MTA Case Evaluation Application shall be treated as if it
was hand-delivered to the MTA or to a party for all purposes under statute or
An E-document may be submitted to the MTA through the MTA Case Evaluation
Application at any time, but shall only be accepted for filing by MTA up to
5:00 P.M., will be treated by MTA as having been filed on the day of
submission. E-documents submitted to MTA after 5:00 p.m. shall be deemed
filed with MTA on the next business day.
An E-document filed or served under this User Agreement shall be deemed to have
been signed by the applicable attorney, party or declarant.
Signatures submitted electronically shall use the following form: /s/ John L.
A document that requires a signature under penalty of perjury is deemed signed
by the declarant if, before filing, the declarant has signed a printed form of
An e-filed document that requires a signature of a notary public is deemed
signed by the notary public if, before filing, the notary public has signed a
printed form of the document.
Section 3. License;Restrictions on Use
to the restrictions and limitations set forth in this Section 2 and elsewhere
in this Agreement, MTA hereby grants to You a nonexclusive, nontransferable,
limited license to do the following during the term of this License: (a) enable
Your Authorized Users to access and use the MTA Website subject and according
to the terms of this Agreement solely for Your internal use in the regular
course of Your business; and (b) subject to any applicable third party rights
or restrictions of law, reproduce insubstantial portions of the Information for
use in connection with the rights granted under (a) above and provide
insubstantial portions of the Information to Your customers and clients,
provided that such Information is provided as an incidental part of, and
ancillary to, the other website You provide Your clients or customers.
General Restrictions and Limitations.
2.1 sets forth the entirety of Your right to access and use the MTA Website.
The License does not include the right to, and You shall not directly or
indirectly: (a) enable any person or entity other than Authorized Users to
access and use the MTA Website; (b) modify or create any derivative work based
upon any MTA Technology, Information or Third Party Content; (c) engage in,
permit or suffer to continue any bulk copying or bulk distribution of the
Information or store the Information in a searchable database; (d) grant any
sublicense or other rights under the License; (e) reverse engineer, disassemble
or decompile all or any portion of, or attempt to discover or recreate the
source code for, any software that is part of the MTA Technology; (f) remove,
obscure or alter any Proprietary Rights notice related to the MTA Internet
Site, the MTA Website, the MTA Technology or any Third Party Content; or (g)
engage in, assist, permit or suffer to continue any Unauthorized Use by any
person or entity. You shall ensure, through proper instructions and enforcement
actions, that all access to and use of the MTA Website and the Information
obtained by You, or otherwise through Your facilities, equipment, identifiers
or passwords, shall conform to this Agreement and shall be made and used solely
for proper and legal purposes, and shall be conducted in a manner that does not
violate any law or regulation, the rights of any third party, court orders or
MTA's policies. Without limiting the foregoing, to the extent that Information
is transmitted through the MTA Case Evaluation Application, You and Your
Authorized Users access to and use of the Information shall comply with all
applicable legal requirements and applicable rules of court procedure.
No Attorney-Client Relationship.
MTA Website does not constitute or contain legal advice, nor is it intended to
by MTA. MTA is not engaged in the practice of law or in providing legal advice.
Use of the MTA Website may require the application of professional expertise
and judgment, for which You should consult a competent attorney licensed to
practice in the appropriate jurisdiction.
Third Party Content, Software and Website.
License as it relates to any Third Party Content, software or website is further
subject to any restrictions and limitations specified in the terms and
conditions displayed with or referenced in any such Third Party Content,
software or website. MTA's agreements with such third parties may require MTA
to deny or otherwise restrict Your access to certain Third Party Content,
software or website available through the MTA Website. All such Third Party
Content restrictions are incorporated herein by reference, and You shall comply
with all such restrictions. IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT
AND THE TERMS AND CONDITIONS IMPOSED BY THIRD PARTIES, THE THIRD PARTY TERMS
AND CONDITIONS SHALL APPLY.
Section 4. Access to the
MTA Internet Site and Limitations on Use
Equipment, Website and Facilities.
are solely responsible for providing, installing and maintaining at Your own
expense all equipment, facilities, services, supplies and tools necessary to
access and use the MTA Website, including, without limitation, all computer
hardware and software, modems, printers, telephone service and Internet access.
Authorized User shall be issued or otherwise assigned User Identification to
access and use the MTA Website. You are solely responsible for tracking the
User Identifications to specific Authorized Users and for ensuring the security
and confidentiality of all User Identifications. You acknowledge that You are
fully responsible for all liabilities incurred through the use of any User
Identification and that any transaction under a User Identification shall be
deemed to have been performed by You. You shall immediately notify MTA of any
unauthorized use of any User Identification or any other breach of security
known to You. Use of any User Identification other than as provided in this
Agreement shall be considered a breach of this Agreement by You.
Hours of Operation; Scope of MTA Website.
reserves the right at any time and without prior notice to You to change the
MTA Website’s hours of operation or to limit Your access to the MTA Website in
order to perform repairs, make modifications or otherwise as a result of
circumstances beyond MTA's reasonable control. MTA may add or withdraw products
or website to or from the MTA Website from time to time. You acknowledge that
MTA has no obligation to maintain or provide any Enhancements to the MTA Website.
one individual may log-in to the MTA Internet Site at the same time using the
assigned User Identification, unless MTA otherwise permits in writing.
agree that Your access to and use of the MTA Website, including the MTA Case
Evaluation Application is on an "as-is" basis.
Section 5. Privacy
Use of Your Personal Information
collects and uses your personal information provided to it by You to operate
the MTA Website and to conduct case evaluation and does so in cooperation with
the Third Circuit Court and its online register of actions. MTA may share data,
including Your personal information, with governmental entities, such as the
Third Circuit Court or the Michigan State Court Administrative Office in the
furtherance of MTA’s role as the Alternate Dispute Resolution Clerk of the
Third Circuit Court or to conduct case evaluations. MTA does not sell, rent or
lease its user lists to third parties. MTA will disclose your personal
information, without notice, only if required to do so by law or in the good
faith belief that such action is necessary to: (a) conform to the edicts of the
law or comply with legal process served on MTA; (b) protect and defend the
rights or property of MTA; and, (c) act under exigent circumstances to protect
the personal safety of users of MTA, or the public.
Limited Security of Your Personal Information
will make its best efforts, but does not warrant, to secure Your personal
information from unauthorized access, use or disclosure. MTA will make its best
efforts, but does not warrant, to secure the personally identifiable
information You provide on computer servers in a controlled, secure
environment, protected from unauthorized access, use or disclosure. When personal
information (including financial information such as a credit card number) is
transmitted to other Web sites, MTA will make its best efforts, but does not
warrant, that such information is protected through the use of encryption, such
as the Secure Socket Layer (SSL) protocol.
uses "cookies" to customize your browsing experience. A cookie is a
small text file that is saved on your computer when you visit a website.
cookies allow you to move through many pages of a website quickly and easily
without having to authenticate or reprocess each new area you visit. Session
cookies are destroyed after successful completion of a transaction, after a few
minutes of inactivity, or when the browser is closed.
cookies help websites remember your information and settings when you visit
them in the future. They continue to exist after a few minutes of inactivity,
after the browser is closed, or after a user completes a single session.
you choose to do so, you can configure your browser to notify you when a new
cookie is received. You can also view and delete existing cookies, prevent your
browser from accepting new cookies, and disable cookies altogether. If you
disable cookies, you can still use Mediationtribunal.org, but your ability to
use some areas or functions of the website may be limited.
Section 6. Fee Schedule
shall pay MTA the fees, charges and other amounts under the Court rules or for
the License at the rates specified in the notice of case evaluation issued by
the MTA. You are ultimately and fully responsible for payment to MTA of all
fees, charges and other amounts (including, without limitation, any statutory
filing or other court fees), whether or not You are incurring such fees, charges
or other amounts on Your own account or on behalf of Your client.
fees set forth in the following schedule are payable at the filing of an
E-document as appropriate:
case evaluation fee payable at the time of the filing of a case evaluation
penalty for each late filing of case evaluation summary.
for each filing of supplemental material.
Filing Fee: $10.00 per filing.
fee: $75, for adjournments less than fourteen days prior to case evaluation.
award fee: $75/each award, for multiple parties, not treated as a single award,
and evaluated separately by the case evaluators.
You and MTA separately agree to different payment terms, You shall pay for the
fees, charges and other amounts for Your and Your Authorized Users' use of the
MTA Website by credit card. When You register for the MTA Website, You will be
prompted to enter Your credit card information. MTA accepts MasterCard or VISA.
MTA will not charge a convenience fee for Your use of a credit card.
Suspension of Website.
You fail to pay any amount under this Agreement when due, in addition to any
other remedies available at law or in equity (see for example those remedies available
to the MTA under Third Circuit Court Local Administrative Order 2006-05), MTA
shall have the right, in its sole discretion, to immediately suspend the
License and You and Your Authorized Users' access to and use of the MTA
Section 7. Proprietary
MTA Website, and all associated Proprietary Rights therein, constitute the
property of MTA, subject to MTA’s agreement with Enqbator, LLC, and is
protected by applicable intellectual property laws. Nothing in this User Agreement
shall be deemed to vest in You or any other third party (including any
Authorized User) any ownership interest or other intellectual property right in
and to the foregoing. Any Authorized User hereunder is obtaining limited
license rights only.
Protection of Proprietary Rights.
shall not infringe or violate, and shall take appropriate steps and precautions
for the protection of, MTA's or Enqbator’s Proprietary Rights in and to the MTA
Website. Without limiting the generality of the foregoing, You shall (a)
maintain access and use restrictions sufficient to prevent any Unauthorized
Use; and (b) not make the MTA Website, or Third Party Content available to any
third party without the prior written consent of MTA. You shall immediately
notify MTA of any Unauthorized Use that comes to Your attention and cooperate
with MTA to investigate and prevent the same. In the event of any Unauthorized
Use relating to Your activities, any Authorized User or any of Your
representatives, You shall take all steps reasonably necessary to terminate
such Unauthorized Use.
may, in appropriate circumstances and at its own discretion, limit access to
the MTA Website and/or terminate your account if You or any of Your Authorized
Users' infringe the intellectual property rights of others. Any person who
believes that any Information available through the MTA Website infringes upon
any copyright owned or controlled by such person, or that any link on the MTA
Website directs users to another Web site that contains such infringing
material, may file a notification of such infringement with MTA.
Section 8. Disclaimers
Assumption of Risk; Responsibility to Verify.
acknowledge your use of the MTA website and all related software is on as “as
is” basis and that MTA does not verify the completeness, propriety, timeliness
or accuracy of any Information or Third Party Content available through the MTA
Website. MTA does not control the contents of any Information and shall not be
responsible for any claimed loss of privilege or other claimed injury due to
disclosure of sealed, confidential or privileged information. MTA may provide
from time to time links from the MTA Website to other Web sites that are not
controlled by MTA and are not related to the MTA Website. MTA is providing
these links only as a convenience, and no such link implies an affiliation,
endorsement, or adoption by MTA of the linked Web site or any Information,
website or products obtained through such links. You acknowledge that by
providing the Information and the MTA Website, MTA does not underwrite or
assume any of the risks of Your business or activities. YOU ASSUME THE RISK OF
ANY DAMAGE OR HARM THAT YOU MAY INCUR THROUGH THE USE OF THE MTA WEBSITE,
INCLUDING ANY HARM OF AN UNAUTHORIZED BREACH OF THE SECURITY FEATURES OF THE
MTA WEBSITE OR OTHER INSTANCES OF UNAUTHORIZED ACCESS INTO THE MTA WEBSITE
(HACKING) AND THE RESULTING DIVULGING OF YOUR PERSONA DATA, INCLUDING YOUR
PERSONAL FINANCIAL INFORMATION. IT IS YOUR RESPONSIBILITY TO VERIFY THE
INFORMATION AND THIRD PARTY CONTENT OBTAINED THROUGH THE MTA WEBSITE WITH THE
OFFICIAL INFORMATION REPOSING AT THE COURT OF RECORD OR OTHER DATA SOURCE.
NO REPRESENTATIONS OR WARRANTIES.
MTA WEBSITE, AND ALL RELATED SOFTWARE OR OTHER ITEMS PROVIDED HEREIN ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. MTA AND THE PROVIDERS OF THIRD PARTY CONTENT DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO
ANY ERROR, DEFECT, DEFICIENCY, INFRINGEMENT OR NONCOMPLIANCE IN THE MTA
WEBSITE, INFORMATION OBTAINED THROUGH THE MTA WEBSITE OR ANY SOFTWARE, OR OTHER
ITEMS PROVIDED BY, THROUGH OR ON BEHALF OF MTA UNDER THIS AGREEMENT (INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM
COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE).
Third Party Content, Software and Website.
as otherwise agreed upon by the parties in writing, the warranties, obligations
and liabilities of MTA and Your remedies with respect to any Third Party
Content, software or website shall be limited to whatever recourse may be
available against the third party provider of such Third Party Content,
software or website and ARE SUBJECT TO ALL RESTRICTIONS AND OTHER LIMITATIONS
AS MAY BE DISPLAYED IN OR REFERENCED BY SUCH THIRD PARTY CONTENT, SOFTWARE OR
Section 9. Your
Warranties and Indemnification
addition to any warranties set forth elsewhere in this Agreement, You warrant
to MTA that the performance of Your obligations and Your and Your Authorized
Users' access to and use of the MTA Website shall not violate any third party
rights or any applicable laws, rules or regulations.
shall defend, indemnify and hold harmless MTA, and its directors, officers,
employees, owners and agents from and against any and all claims, costs,
losses, damages, judgments and expenses (including reasonable attorneys' fees)
arising out of or in connection with (a) any claim alleging any breach of any
of the foregoing warranties or any other provision of this Agreement; (b) any
damage arising from causes beyond the control or without the fault or
negligence of MTA; (c) any use by You or Your Authorized Users, customers or
clients of the Information, Third Party Content, or any other software, website
or other items provided under this Agreement.
10 Limitations of Liability
party shall be liable for, or be considered to be in breach of or default under
this Agreement on account of, any delay or failure to perform as required by
this Agreement as a result of any cause or condition beyond such party's reasonable
control (including, without limitation, any act or failure to act by the other
party). This paragraph shall not apply to any payment obligation that You may
have under this User Agreement.
No Consequential Damages.
MTA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILLIATES OWNERS,
SUPPLIERS AND THE PROVIDERS OF THIRD PARTY CONTENT SHALL BE LIABLE TO YOU OR
ANY OF YOUR AUTHORIZED USERS, CUSTOMERS OR CLIENTS FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS OR USE,
EMOTIONAL DISTRESS OR OTHER NON TANGIBLE DAMAGES) WHETHER OR NOT CHARACTERIZED
BY NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF MTA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF ANY FAILURE
OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, ARISING FROM OR RELATED TO ANY
PROVISION OF THIS AGREEMENT, THE LICENSE, MTA WEBSITE,, INFORMATION OR ANY
SOFTWARE, OR OTHER ITEMS PROVIDED IN CONNECTION THEREWITH, OR THE FAILURE OF
MTA TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE BY MTA.
Limitation of Liability.
NO EVENT SHALL THE AGGREGATE LIABILITY OF MTA WITH REGARD TO THE LICENSE, MTA
WEBSITE, INFORMATION AND ANY OTHER ITEMS PROVIDED OR FAILED TO BE PROVIDED
UNDER THIS AGREEMENT EXCEED THE COMPENSATION PAID BY YOU TO MTA UNDER THIS
AGREEMENT IN THE THREE (3) MONTHS PRECEDING THE ACCRUAL OF SUCH CLAIM. YOUR
RIGHT TO MONETARY DAMAGES UP TO THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES THAT YOU OR YOUR AUTHORIZED USERS MAY HAVE AGAINST ANY COVERED PARTY.
controversy or claim arising out of or relating to this Agreement, which is not
settled by reasonable negotiations between the parties, shall be settled by
arbitration that shall be binding on all parties. Each party expressly agrees
to be bound to any results of such arbitration and not to dispute in any way,
at law or otherwise, the decision rendered by such arbitration. Judgment upon
the award rendered by the arbitrator may be entered by any court in the State
of Michigan having jurisdiction thereof. The arbitration shall be conducted by
a single arbitrator and agreed rules if all parties can agree upon such
arbitrator and rules, and if such agreement cannot be reached between the
parties, the arbitration shall be arbitrated by a single arbitrator in
accordance with the rules of the American Arbitration Association, which
decision shall be binding on the parties. The arbitrator shall not be empowered
to award exemplary or punitive damages to either party. The arbitrator shall be
a person from the locality of Wayne County, Michigan and the arbitration
hearing shall be held in Detroit, Michigan. The cost of arbitration shall be
borne equally by the parties. Notwithstanding the foregoing, either party may,
on good cause shown, seek a temporary restraining order and/or a preliminary
injunction from a court of competent jurisdiction, to be effective pending the
institution of the arbitration process and the deliberation and award of the
Section 12. Miscellaneous
Agreement may be amended by MTA from time to time by MTA posting on the MTA
Internet Site an amended Agreement or other notice of the amendments. Latest
revision dates are indicated at the top of the document. Continued use of the
MTA Internet Site following the fifteenth day after such posting shall
constitute acceptance of the change. If You do not accept the amended terms,
You must cease using the MTA Website.
Agreement, and the License granted hereunder, may not be assigned by You to any
third party. Subject to the foregoing, this Agreement shall bind and benefit
the parties and their respective successors and assigns.
of any breach of any term or condition of this Agreement shall not be deemed a
waiver of any prior or subsequent breach.
any of these terms and conditions, MTA reserves the right, without notice and
in its sole discretion, to terminate Your License, and to block or prevent
future access to and use of the MTA Website by You or Your Authorized Users.
Unless such termination is at Your request or is due to Your breach, MTA shall
refund any fees prepaid by You with respect to periods following the
effectiveness of such termination. You shall be responsible for paying MTA any
amounts owed for You and Your Authorized Users' access to and use of the MTA
Website prior to the effectiveness of such termination. Upon termination, You
shall immediately discontinue use of the MTA Website.
Agreement shall be enforced to the fullest extent permitted by applicable law.
If any provision of this Agreement is held to be invalid or unenforceable to
any extent, then (a) such provision shall be interpreted, construed and
reformed to the extent reasonably required to render the same valid,
enforceable and consistent with the original intent underlying such provision
and (b) such invalidity or unenforceability shall not affect any other
provision of this Agreement.
Questions and Contact Information.
questions or comments about the MTA Internet Site or the MTA Website may be
directed to Nikki Grandberry, Administrative Assistant, via email at email@example.com.
Applicable Law; Jurisdiction and Venue.
Agreement shall be interpreted, construed and enforced in all respects in
accordance with the laws of the State of Michigan, U.S.A., without reference to
its choice of law principles to the contrary. The 1980 UN Convention on
Contracts for the International Sale of Goods or its successor shall not apply
to this Agreement.
Agreement constitutes the entire agreement of the parties with respect to the
subject matter of this Agreement, and this Agreement replaces and supersedes
any prior verbal understandings, written communications or representations on
the subject matter hereof.