The American Arbitration Association, Inc. (“AAA”) has partnered with third party ATSG, Inc. (which acquired dinCloud, Inc.) to provide “CaseShield by AAA-ICDR,” an on-line subscription to a secure, cloud-based virtual desktop platform (the “Virtual Desktop Platform”) for use by panelists on the AAA National Roster of Arbitrators and Mediators or the ICDR Panel of Arbitrators and Mediators (collectively, “AAA-ICDR Panelists”) and other subscribers. These terms of use (“Terms”) cover Your use and access to CaseShield by AAA-ICDR ("Services").
As used in these Terms, “You” and “Your” refer to the person who has agreed to these Terms. “We,” “Our,” and “Us” refer to AAA. AAA and You are referred to individually as a “Party” and, collectively, as the “Parties.”
Our Privacy Policy explains how We collect and use Your information, while Our Acceptable Use Policy (attached) outlines Your responsibilities when using the Services. By using the Services, You are agreeing to be bound by these Terms, Our Privacy Policy and Acceptable Use Policy.
Your use of the Services must comply with Our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share content unless You have the right to do so. You are also required to review and comply with ATSG’s terms and conditions (https://www.atsg.net/privacy-terms-of-use/). You may use the Services only as permitted by applicable law, including export control laws and regulations.
You are responsible for reviewing and complying with all End User License Agreements (EULAs), terms and conditions, and privacy policies of any third party applications, products and services (“Third Party Apps and Services”) in connection with your use of the Services, including the EULAs for the following Third Party Apps and Services:
AAA does not license any intellectual property to You as part of any Third-Party Apps and Services and is not responsible or liable to You or others for information or services provided by any Third-Party Apps and Services.
We encourage You to read Our Privacy Policy, which is incorporated by reference into these Terms.
To the fullest extent permitted by law, AAA makes no warranties, either express or implied, about the Services. The Services are provided "as is." We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Except in the event of AAA’s willful misconduct, AAA shall have no liability to You in connection with Your use of the Services. Neither Party shall be liable to the other Party for any consequential, incidental, punitive or special damages (including without limitation lost profits) incurred by either Party as a result Your use of CaseShield by AAA-ICDR. Under no circumstances shall AAA be liable for any losses incurred by You attributable to any electronic data transfers by ATSG. The limitations of liability applies even if either Party has been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless AAA, its officers, directors, employees and agents from and against any and all claims, actions or proceedings brought by a third party which arise from or relate to the Your gross negligence, willful misconduct, or illegal act in Your use of the Services. AAA will notify You within 30 calendar days of AAA’s receipt of any claim, action or proceeding for which indemnification is sought hereunder. AAA shall have the right to participate in the defense of any such action at its own expense, and such participation will not relieve You of Your indemnification obligations.
AAA may change these Terms from time to time and at any time, and without actual notice to You. All such changes to these Terms will appear at caseshield.com. By using the Services following any modifications to these Terms, You agree to be bound by any such modifications to these Terms.
These Terms and the relationship between You and AAA shall be governed and interpreted in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction over all disputes hereunder and venue in the federal and state courts in the State of New York located in New York County.
The failure of AAA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
We reserve the right to suspend, terminate and/or limit Your access to the Services with notice to You if:
(a) You are in breach of these Terms, or
(b) Your use of the Services would cause a real risk of harm or loss to AAA or other users.
We will provide You with reasonable advance notice via the email address associated with Your account to remedy the activity that prompted Us to contact You. If, after such notice, You fail to take the steps We ask of You, We will limit, terminate or suspend Your access to the Services. If We take such action, We will provide You with a reasonable opportunity to move data, documents, and any other content out of Your Virtual Desktop Platform, including but not limited to Your CaseShield email, OneDrive, or any other application within Your Virtual Desktop Platform.
We may decide to discontinue the Services in response to unforeseen circumstances beyond AAA’s control, to comply with a legal requirement or for other business reasons. If We do so, We will give You reasonable prior notice and will provide You with a reasonable opportunity to move data, documents, and any other content out of Your Virtual Desktop Platform. If We discontinue the Services in this way before the end of any fixed or minimum term You have paid Us for, We’ll refund the portion of the fees You have pre-paid but haven't received Services for.
These Terms constitute the entire agreement between You and AAA with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
AAA’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect, and an enforceable term will be substituted reflecting Our intent as closely as possible. You may not assign any of Your rights under these Terms, and any such attempt will be void. AAA may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
1. When You subscribe to CaseShield by AAA-ICDR, You will choose a subscription plan. You also will choose whether to pay the annual subscription fee in one payment or two payments.
2. We will email You an invoice for Your subscription’s renewal fee at least 10 days before Your subscription expires. The invoice will state when the renewal fee is due. If You do not pay the subscription renewal fee by the due date, We may limit, terminate or suspend Your access to the Services in accordance with the cancellation and termination provisions of these Terms.
3. If You would like to switch Your subscription’s payment schedule from one payment to two payments, or from two payments to one payment, You must email [email protected] to make that change.
4. All subscriptions will begin on the first day of the month. If You register for a subscription any day other than the first day of the month, We will deem Your subscription to begin on the first day of the following month. We will allow You to access Your subscription for the partial month, and We may pro-rate Your subscription fee to reflect that partial month of Your subscription.
5. You must pay Your subscription fees via electronic means – ACH, credit card, debit card, e-check, or other electronic payment method. We will include a PayLink on Your invoice for the subscription fee. If Your payment is returned or not honored due to insufficient funds or any other reason, We may charge You an additional fee. Payment must be in U.S. Dollars; We will not accept payment in a foreign currency.
6. If You fail to pay a subscription fee invoice by the deadline, We may cancel Your subscription; if so, We will provide You with notice of such cancellation via the email address associated with Your account, and You will have 10 days to move data, documents, and any other content out of Your Virtual Desktop Platform. On the effective date of cancellation, Your access to CaseShield by AAA-ICDR and Your Virtual Desktop Platform will terminate.
7. You may cancel Your subscription at any time by emailing Your notice of cancellation to [email protected]. If You want to request a refund of a portion of the annual subscription fee You paid, You must request a refund in Your cancellation notice. We may refund You a pro-rata share of the subscription fee. If We receive Your cancellation notice on or before the 20th day of the month, then Your cancellation will be effective on the first day of the following month. If We receive Your cancellation notice after the 20th day of the month, then Your cancellation will be effective on the first day of the month after the following month. You are responsible for moving data, documents, and any other content out of Your Virtual Desktop Platform, including but not limited to Your CaseShield email, OneDrive, or any other application within Your Virtual Desktop Platform, prior to the effective date of cancellation.
8. If You receive a free trial of CaseShield by AAA-ICDR and subscribe during the free trial period, Your subscription will commence the first day of the month after Your free trial concludes.
9. The Services and these Terms shall remain in effect until (1) You cancel Your CaseShield by AAA-ICDR subscription or (2) AAA-ICDR terminates Your subscription as a result of Your non-payment of the subscription fee by the deadline or pursuant to the termination provisions of these Terms.
The American Arbitration Association, Inc. (“AAA”) has partnered with third party ATSG, Inc. to provide “CaseShield by AAA-ICDR,” an on-line subscription to a secure, cloud-based virtual desktop (the “Virtual Desktop Platform”) for use by AAA-ICDR Panelists (“Panelists”) and other non-Panelist subscribers (Panelists and non-Panelist subscribers, collectively, “Users”). The policies described in this document and those referenced apply to those who subscribe to the Virtual Desktop Platform.
The Acceptable Use Policy set forth below provides specific guidance on the appropriate use of the Virtual Desktop Platform. Any User who violates this policy may be subject to immediate lockout of the CaseShield by AAA-ICDR system and networks.
For support or questions related to this policy, please contact CaseShield Support at [email protected].
Only Users are permitted access to the Virtual Desktop Platform and AAA’s information systems. Users are required to review and comply with ATSG’s terms and conditions (https://www.atsg.net/privacy-terms-of-use/).
Each User is assigned his or her own unique user ID that is intended for the exclusive use of that specific User. Use of a user ID by anyone other than the individual for whom the account is intended, or sharing of user credentials, is not permitted.
Misuse of access or information maintained on CaseShield by AAA-ICDR and AAA information systems can result in revocation of access.
It is the responsibility of all Users to respect and provide the highest level of privacy and security for all Confidential Information.
Confidential Information includes:
AAA Confidential Information should not be stored on unencrypted thumb drives or personal computers. In the event that AAA Confidential Information is downloaded to a non-encrypted device, Users must promptly delete any such information from said device.
AAA’s technology resources and the electronic files and AAA data stored on them are the exclusive property of AAA and are provided for business use only. AAA does not own or assert any rights as to content a User uploads to or stores on CaseShield by AAA-ICDR.
Users must not perform any activity on AAA’s information systems that could damage the reputation of the AAA’s services or that of the parties using the services of the AAA.
In the event that the AAA is legally required to permit any relevant authority to inspect your content or traffic, Users agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, the AAA will provide the User reasonable prior notice of such requirement.
The AAA may, without notice to you, cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Incident Reporting – Users must report immediately any incident involving information security while using CaseShield by AAA-ICDR, such as a security breach, by contacting CaseShield Support at [email protected]. You should investigate the incident and provide AAA with detailed information about the incident; take reasonable steps to mitigate the effects and to minimize any damage resulting from the incident; and take prompt and appropriate corrective action aimed at preventing the reoccurrence of a similar incident in the future.
To proceed, please enter your email address and accept the Terms of Use.
November 9, 2016
2:00 pm - 3:00 pm ET
General: $90
AAA Panelist: $80
James Reiman
and Stanley Sklar
This webinar will satisfy annual
Arbitrator Continuing Education (ACE)
requirements for AAA Arbitrators.
© American Arbitration Association
