Terms & Conditions

Vine Mediation and/or Wix Terms and Conditions (“T&C”) are a set of legally binding terms defined by Vine Mediation, as the owner(s) of this website. T&C set forth the legal boundaries governing the activities of website visitors and customers, while visiting or engaging with this website. The T&C establishs the legal relationship between you as a site visitors or mediation consultant or client, and Vine Mediation, as the owner of this website. 
 

Vine Mediation is referred to collectively here in this Terms and Conditions of Use as “Our,” “Us,” “We,” or “Website" and visitors or users to Our Website are referred to as “You” or “Your” unless stated otherwise. Vine Mediation operates and/or maintains the website created through Wix at www.vinemediation.com. This document describes the Terms and Conditions of Use for Our Website. Please review it carefully.

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Your access to and use of Our Website are subject to the following terms and conditions without limitation or qualification, as well as all applicable laws. Your access to the website is in consideration for Your agreement to these Terms and Conditions, whether or not You are a registered user. By accessing, browsing, and/or using the Website, You accept, without limitation or qualification, these Terms and Conditions of Use.

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Privacy Policy

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Our Privacy Policy herein describes how We use and disclose Your personal information.  For example, the Privacy Policy describes how We share information with Our mediators which We utilize to assist You in answering Your communications via electronic methods, telephone, or in-person; to schedule and conduct free consultations; and to schedule and conduct mediations including payment methods.  Your accessing, browsing, and use of the Website means You accept, without limitation or qualification, our Privacy Policy. Our Notice of Privacy Practices may change without notice. You can view the Privacy Policy on www.vinemediation.com or You can request a copy by contacting us at: vine.mediation@gmail.com.

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Information Volunteered by You

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We may ask You for personal identifying information in an effort to provide services to You through Our online Website and/or in-person services.  During Your visit to Our Website, You may participate in voluntary input of information, such as requesting a free consultation, requesting a mediation, responding to a survey and/or by sending an e-mail.  The information that is collected is not limited to text characters and may also include video, audio, and/or graphic information. The types of personal identifying information We collect from You and the purpose for which We collect that information is described in Our Privacy Practices.  You may access the Privacy Practices as described above under Privacy Practices.

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If You contact Us by telephone, mail or email, We recommend that You only provide enough personal identifying  information that You think We need to respond to Your request. If, however, You do not give Us enough information, We may not be able to contact You or help You resolve Your concern. We may use the information You provide to improve Our services to You or to respond to Your request. If We are not able to assist You, We may forward Your e-mail to other mediators or community service organizations or agencies who may be better able to help You, although We will endeavor to ask You first if You would like referrals before those referrals are placed. Except for authorized law enforcement investigations or as required by law, We do not share Our information with any other organizations.

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Information Collected Automatically When You Visit This Website

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When You browse through any website on the internet, certain information about Your visit can be automatically collected.  While You are visiting Our Website, at least the following information will be automatically tracked: 

1. The Internet Protocol Address and domain name used but not the e-mail address. The Internet Protocol address is a numerical identifier assigned either to Your Internet service provider or directly to Your computer. We use the Internet Protocol Address to direct Internet traffic to You and to generate statistics used in the management of this Website;

2. The type of browser and operating system You used;

3. The date and time You visited this Website;

4. The web pages or services You accessed at this Website;

5. The website You visited prior to coming to this Website;

6. The website you visit as You leave this Website;

7. Amount of data sent from the web server to website visitor during that connection;

8. Amount of data sent from Website visitor to the web server;

9. Uniform Resource Locator (URL) that referred to the requested file;

10. The exact request the user made;

11. The transport protocol and the version used;

12. Version of HTTP used by the visitor’s web browser software; and

13. If you downloaded any form(s), the form(s) that were downloaded.

The information We automatically collect or store is used to improve website content and to help Us understand how people are using Our Website. This information does not identify You personally and is used for gathering information such as website statistics, which are used for authorized purposes. For instance, the authorized purposes may include assessing what information is of interest, determining technical design specifications, and identifying system performance or problem areas. This information helps Us analyze Our Website to continually improve the value of the materials available, including, but not limited to, Our marketing materials. Vine Mediation may provide or distribute certain lists and statistical reports as required by law, but no personal information is sold or distributed, and all relevant legal protections still apply to the Website. If You voluntarily participate in an activity that asks for specific information (i.e., completing a request for a consultation, sending an email, telephone call, mediation, referral, or survey or review, etc. more detailed data will be collected.

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Cookies

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We use “cookies” to customize Your browsing experience with the Vine Mediation Website. Cookies are simple text files stored on Your web browser to provide a means of distinguishing among users of this Website. The use of cookies is a standard practice among websites. A cookie contains unique tracking information for lists of pages You have visited and the date You last looked at a specific page. It is also used to identify Your session and distinguish among visitors. You can refuse the cookie or delete the cookie file from Your computer by using any of the widely available methods. We recommend you research and review “cookie refusal or deletion” via a website search engine if you are interested in performing this task.

In order to better serve You, We occasionally use “session cookies” to enhance or customize Your visit to this Website. Session cookies can be created automatically on the device You use to access this Website. They do not contain personal information and do not compromise Your privacy or security. A session cookie is likely to be  erased during operation of Your browser or when Your browser is closed.

Any software or hardware You use to access this Website likely allows You to refuse new cookies or to delete existing cookies. Any refusal You make to delete these cookies could limit Your ability to utilize or take advantage of some of the features of this Website.

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Right to Have Your Personal Information Discarded

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If You so choose, You may have personal identifying information collected about You discarded without reuse or distribution, provided We are given timely notice to do so.

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Modification of This Agreement

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Vine Mediation reserves the right at any time and in Our sole discretion to modify, suspend, or discontinue the Website (or any portion thereof) with or without notice. By continuing to use this Website after any amendment, You agree to accept any such change.

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Permission to Act on Your Behalf

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Any instructions, choices, or requests you make on our Website(s) will be considered Your written permission to Vine Mediation to provide information or conduct transactions on Your behalf.

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How We Identify You

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The entry of any data You hold such as Your name, email, telephone number, address, employer, company, other parties, password, Personal Identification Number (PIN), mediation request details, and/or any other identifiers may serve as verification of Your identity. Without this information, We may be unable to process Your request.

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Registration

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Certain portions of the Website are limited to registered users and/or allow a user to request support or services online by entering personal information. Your approval as a registered user is at the sole discretion of Vine Mediation. In order to request a consultation or mediation online through Vine Mediation, a requestor of a consultation or mediation may be required to create an online account through the Website or Wix. Your account access is herein granted but subject to compliance with all applicable law and these Terms and Conditions.

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If You register on this Website, You agree that any information provided to Us will be complete and accurate, that You will not register under the name of, nor attempt to enter the Website under the name of, another person, and that You will not adopt a user name that Vine Mediation deems, in its sole discretion, to be that of another user. You agree to inform Us of any updates or changes to Your registration information.

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You also agree to keep Your account information and any passwords you create confidential. You agree to notify Vine Mediation immediately of any actual or suspected unauthorized use of your password at vine.mediation@gmail.com. You are solely responsible for all activities that occur through Your account. Vine Mediation will not be liable for any loss or damage resulting from Your failure to safeguard Your password and Your account.

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You may also be required to select questions and secret answers that may be used by Vine Mediation to help verify Your identity and assist in resetting Your password. Some services may require added security, and in these cases, You may be asked to create an additional security key. Finally, a unique ID number may be assigned to Your account which may be used to identify Your profile and associated information, for example, information such as login history and application history.

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Safeguarding Your Personal Information

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Vine Mediation takes reasonable precautions to protect personal information We collect from loss, unauthorized access, illegal use, or unauthorized disclosure. Such personal information is stored by Vine Mediation in accordance with Wix policies. Access to personal information is limited to Vine Mediation’s staff and mediators whose work requires such access. Confidential information is destroyed according to records retention laws in the State of California. Vine Mediation conducts periodic reviews to ensure that proper information management policies and procedures are understood and followed.

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The functionality of this Website permits You to request or provide personal information-for example, employer information, income information, lawsuit information, etc. You are solely responsible for any loss of privacy or confidentiality of this information if You input this information into this Website or disclose your password, Personal Identification Number (PIN), or any other identifier to You or to any other party. You agree to contact Vine Mediation immediately if you have reason to believe that someone has gained unauthorized access to Your Password, PIN, or any other identifier.

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Additional Terms for Services Offered Through This Website

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Additional guidelines, terms, and agreements may apply to programs or services offered through this Website. For example, if You select a consultation or mediation day and time through this Website, separate terms may apply to Your selection. In the event of a conflict between such additional terms and these Terms and Conditions of Use, such additional terms will control for the purpose of the services requested or selected.

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Outside Websites

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Our Website may include links to outside websites that are not operated by Vine Mediation.  We provide these links to You for Your convenience. Vine Mediation does not control these websites nor do We review or control their content. We make no representations or warranties as to the content of these websites and take no responsibility for such websites. These links are not an endorsement by Vine Mediation of products, services, or information, and do not imply an association between Vine Mediation and the operators of the linked website. If You access an outside website from Our website, You do so at Your own risk. When You select a link to an outside website, You are subject to the terms and conditions of the owner/sponsors of that outside website. We encourage You to review any site's policies before providing any personal information.

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Third-Party Website Applications (TPWAs)

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Vine Mediation uses a variety of technologies and social media services to communicate and interact with people through third-party website applications (TPWA). These TPWA tools include popular social networking and media sites, open source software communities, and more. Examples of such include LinkedIn, Craigslist, Facebook, Twitter, YouTube, Instagram, and Google Plus. Your use of TPWAs is completely voluntary and in no way limits Your use of Our Website. TPWAs are not exclusively operated or controlled by Vine Mediation. Users of TPWAs often share information with the general public, user community, and/or the third party operating the website. These actors may use this information in a variety of ways. TPWAs could cause personally identifiable information to become available or accessible to Vine Mediation and the public, regardless of whether the information is explicitly asked for or collected by Us. Vine Mediation sometimes collects and uses Your personally identifiable information if You made it available through these TPWAs. However, We do not share personally identifiable information made available through these TPWAs. Your activity on these TPWAs websites We use is governed by the security and privacy policies of those sites. You should review the third-party privacy policies before using the sites and ensure that You understand how Your information may be used. As an example, if You have an account with a third-party website and choose to "like," "friend," follow, or comment, certain personally identifiable information associated with Your account may be made available to Vine Mediation based on the privacy policy of the third-party website and Your privacy settings within that website. You should adjust privacy settings on Your account to match Your personal preferences.

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Content and Ownership

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Vine Mediation makes use of copyrighted data (e.g., photographs) which may require additional permissions prior to Your use. The unique branding of the Website and various official seals and marks may not be used without permission. In order to use any information on this website not owned or created by Vine Mediation, You must seek permission directly from the owning (or holding) sources. Vine Mediation shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this website except those submissions made under separate legal contract. Vine Mediation shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this Website.

United States and foreign copyright laws and international conventions protect the contents of the Website. By accessing this Website, You agree to abide by all copyright notices posted on the Website. The Website and the entire contents of the Website, including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs on or offered through the Website (collectively, the "Content") are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights ("Intellectual Property Rights") of Vine Mediation or any other third parties who have granted rights to Vine Mediation.

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Except as noted above, You receive no right or license, by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or proprietary right of Vine Mediation or any third party through Your use of this Website. No proprietary data on the Vine Mediation Website may be downloaded, republished, resold, duplicated, or "scraped," in whole or in part, for any purpose other than the personal uses permitted in these Terms and Conditions. If You have any questions regarding use, press, or marketing of Vine Mediation or this Website, please contact Us with Your questions at vine.mediation@gmail.com.

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Conduct

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Your use of this Website means that You agree to access and use the Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to Your use of the Website. By accessing the Website, You agree that You will not:

1. Access, or attempt to access, this Website by any means other than through the interface that is provided by Vine Mediation, unless You have been specifically allowed to do so in a separate, written agreement with Vine Mediation. You specifically agree not to access or attempt to access this Website through any automated means (including, but not limited to, use of scripts, web crawlers, or screen scrapers) and shall ensure that You comply with the instructions set out in any robots.txt file present on the Website;

2. Use for commercial purposes or resell any of the data derived from this Website unless You have been specifically allowed to do so in a separate, written agreement with Vine Mediation;

3. Use the Website to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense or give rise to civil liability;

4. Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;

5. Use the Website to impersonate other parties or entities;

6. Use the Website to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the Website or the hardware or software of any other person who accesses the Website;

7. Upload, post, email, or otherwise transmit any materials that You do not have a right to transmit under any law or under a contractual relationship;

8. Alter, damage, or delete any content posted on the Website;

9. Disrupt the normal flow of communication in any way;

10. Claim a relationship with, or represent any business, association, or other organization, with which You are not authorized to claim such a relationship or represent;

11. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;

12. Post any material that infringes upon or violates the intellectual property rights of another; or

13. Collect or store personal information about others.

Security and Monitoring Notice

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To protect this Website as well as the associated computer system supporting the Website from unauthorized use and to ensure that the computer system is functioning properly, individuals accessing this Website and the associated computer system are subject to having all of their activities monitored and recorded by personnel authorized to do so. Network traffic is monitored in order to identify unauthorized attempts to upload or change information, or otherwise conduct criminal activity. Anyone using this website and the associated computer system expressly consents to such monitoring. Vine Mediation reserves the right, but is not obligated to (except as required by applicable law,) report any illegal activity to any and all regulatory, administrative and/or governmental authorities for prosecution. In connection with authorized law enforcement investigations and pursuant to required legal process, navigational information may be used to assist in obtaining personally identifiable information.

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For site security purposes, Vine Mediation reserves the right to monitor any content that You provide, but shall not be obligated to do so. Although Vine Mediation cannot monitor all postings on the website, We reserve the right to delete, move, or edit any postings that violate these Terms and Conditions.

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Termination of Use

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Vine Mediation may, in its sole discretion, terminate or suspend Your access to and use of this Website without notice and for any reason, including for violation of these Terms and Conditions or for other conduct which Vine Mediation believes is unlawful or harmful to others. In the event of termination, You will no longer be authorized to access the Website, and Vine Mediation will use any means possible to enforce this termination. Vine Mediation may also suspend Your use of the website or deactivate You and direct You to cease using the Website with or without notice to You and with or without cause. Upon any termination of this agreement, all rights granted to You under this agreement will cease and You must promptly discontinue all access to any part of the Website and the use of any content downloaded or otherwise obtained from the Website.

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Indemnity

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You agree to defend, indemnify, and hold harmless Vine Mediation and all of Our employees, directors, officers, and agents from any and all liabilities incurred in connection with any claim arising from any breach by You of these Terms and Conditions of Use, Your use of the materials and information contained herein, or Your inappropriate or unlawful use of the Website. These include attorney fees, costs, damages, losses, and expenses. You agree to cooperate fully in the defense of any such claim. Vine Mediation reserves the right to assume, at Our own expense, the exclusive defense and control of any matter otherwise subject to indemnification by You. You agree not to settle any matter without the written consent of Vine Mediation.

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Limitation of Liability

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Vine Mediation strives to maintain the highest accuracy of content on Our Website. Any errors or omissions should be reported to vine.mediation@gmail.com for investigation. This Website is provided by Vine Mediation "as is" and "as available" with no warranties whatsoever. Vine Mediation makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this Website and expressly disclaims liability for errors and omissions in the contents of this Website. We do not warrant that access to this Website or any of its content will be uninterrupted or error free, that defects will be corrected, or that this Website will be free of viruses or other harmful components. Vine Mediation disclaims all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

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In no event will Vine Mediation or its employees be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, whether in contract, tort, or any other legal theory, arising out of Your use of or inability to use the Website or any other matter relating to Your interaction with the Website, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.

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Jurisdiction and Venue

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The materials made available for public use on Vine Mediation's Website are from computer systems located within California, and are for the use and benefit of citizens. These Terms and Conditions will be governed by the laws of the State of California, without giving effect to any conflict of laws principles. By using this website, You consent to the jurisdiction and venue in the state and federal courts sitting in San Francisco, California.

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The Website is to be deemed a passive Website that does not seek to purposefully avail itself of the benefits and privileges of doing business in any state other than California and thus does not give rise to personal jurisdiction over Vine Mediation, either specific or general, in jurisdictions other than California.

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Representations

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You hereby represent, warrant, and covenant for the benefit of Vine Mediation and Our affiliates that: (1) You have the legal right and authority to enter into this agreement, and, if You are accepting this agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this agreement; (2) You have the legal right and authority to perform Your obligations under this agreement and to grant the rights and licenses described in this agreement and in any applicable additional agreement You enter into in connection with any of the services; (3) all information You provide to Vine Mediation in connection with this agreement and Your access to the Website and use of Our services is correct and current.

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Integration and Severability

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These Terms and Conditions set forth the entire understanding of the parties with regard to use of this Website and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this agreement. Failure to comply with the foregoing shall constitute a breach of this agreement, which may result in immediate termination of Your account and/or use of Vine Mediation’s services. The waiver by Vine Mediation of a breach of any provision of these Terms and Conditions will not operate or be interpreted as a waiver of any other or subsequent breach.

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Should any provision of these Terms and Conditions be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

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Vinemediation.com is intended for use by adults only, including our Services, such as telephone consultation, mediations, and any possible payment methods. Vine Mediation may change our T&C in the future. Intellectual property or copyrights are that of Wix. Vine Mediation reserves the right to suspend or cancel a visitor's access or member’s account, including telephone consultations or mediations, as we so choose, in accordance with all San Francisco city, California state and Federal laws.

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Contact Us

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Questions? Vine Mediation can be reached at vine.mediation@gmail.com. If you have any questions or do not understand anything in our Terms and Conditions, please let us know and we will endeavor to answer any questions you may have and to the best of our knowledge.