Terms of Use

The following terms of use (“Terms”) govern your use of this website.  “You” means and refers to you and, as applicable, to all persons and entities whom you work for or represent and on whose behalf you access this website.  “SBM” means and refers to Scott Baker Mediation, LLC, and references to SBM include SBM’s members and representatives. If you do not agree to all Terms, then do not use this website and close it immediately. By remaining on, viewing, or using this website, you agree to be bound by these Terms the same as if you had signed a copy of them.

No attorney-client relationship or legal advice

This website and its contents are for informational purposes only and they do not constitute legal advice. This website does not create an attorney-client relationship between SBM and you.  SBM provides mediation services. SBM does not and will not provide legal representation to you through your use of this website, transmission of information to SBM, communications with SBM, or otherwise.

No retention of SBM until agreed upon

This website and its contents are not a commitment by SBM to provide services to you.  SBM will not be retained as a mediator for you unless and until: (1) SBM verifies that it is able (by, for example, checking for conflicts) and agrees to do so; and (2) all terms of mediation, including applicable fees and charges, are agreed upon by SBM, you, and other parties to mediation.

Do not send sensitive or confidential information

Do not send sensitive or confidential information to SBM through this website—your message is not secure and will not be treated as confidential.  Transmission of sensitive or confidential information to SBM will not prevent or prohibit SBM from being retained by any other person or entity for mediation.  Do not send sensitive or confidential information to SBM by email unless and until you and SBM have agreed upon SBM’s retention.

Do not use intellectual property

This website is owned and operated by Scott Baker Mediation, LLC and it contains intellectual property owned by it (including, e.g., logos, text, etc.).  This website may also contain intellectual property of others.  You shall not copy, distribute, or otherwise use in any manner any of this website’s content, including intellectual property, without prior written consent of SBM and the owner(s) of the intellectual property.  You agree to defend and indemnify SBM from any demand, claim, or suit (and any amount paid—whether through settlement or pursuant to a judgment or compulsory process) to resolve such demand, claim, or suit that a third party asserts against SBM that arises out of or relates to your unlawful use of intellectual property without the permission of the proper party or parties.

Links to other websites

This website may contain references or links to other websites.  Those references or links are provided for your convenience only.  Your use of such other sites is at your own risk and subject to your review of those websites’ policies on privacy and collection of information.  SBM is not responsible for the content of or privacy or other policies governing those sites.

No warranties or liability

SBM strives to provide accurate information on this website, but information on this website may not always be accurate or up to date. SBM does not warrant the accuracy and completeness of any information or the contents of other material or websites that are linked or referred to on this website. This website and its content are provided “as is, where is.”  You are responsible (and SBM is not responsible) for providing anti-virus, malware, or other similar detection, eradication, and protection to and for you and your systems.  SBM shall not be liable for any damages of any kind (including actual, exemplary, punitive, special, indirect, or consequential damages, including those for loss of use, loss of data, or lost profits); fees, including attorneys’ fees; or costs or expenses, including costs of court related in any way, arising out of, or resulting from, your use of this website.

Privacy policy

When you access this website, SBM does not collect personal information from which you can be identified (e.g. name, address, email address, and phone number) unless you voluntarily provide it to SBM (e.g., by sending an email with such information).  When you visit this website, SBM may collect non-personal information through which you cannot be personally identified (e.g. the pages of this website visited, the type of browser and operating system used, and the domain name of your internet service provider).

SBM does not sell your personal information to third parties.  SBM may use your personal and non-personal information for its marketing and non-marketing purposes.  For example, SBM may use your personal information to respond to your email or to add you to its subscriber or contact lists.  SBM may share your personal information with a third party that provides services to it (e.g. an email marketing service) but only for the purposes of the provision of the service for which such third party is retained.  SBM may use non-personal information for a variety of purposes, including for improvements to the design and content of this website.  SBM reserves the right to disclose personal information if it believes that its website is being used unlawfully; if disclosure is required to comply with applicable laws or regulations or with an order of a court, tribunal, or other authority; or to enforce the Terms.  SBM cannot guarantee the privacy of personal information that you send over the internet or that may be collected by others. SBM cannot guarantee or protect against the loss or misuse of your personal information.

You may choose not to receive email from SBM by opting out of such emails or unsubscribing.  To do so, either follow the instructions to opt out that are included in an email or send an email to info@scottbakermediation.com.

When you visit this website, it may place a cookie (a small file that contains information saved on your computer) to help serve you better when you return to the site.  You may delete cookies from your computer or set your browser to reject cookies.

If you have questions regarding this privacy policy, contact SBM at info@scottbakermediation.com or at PO Box 5121, Austin, Texas 78763.

Choice of law and mandatory forum

The law of the State of Texas shall govern and apply to these Terms and your use of this website. All disputes arising out of or related to this website (including its content and your use of it) or relating to the construction, interpretation, or enforcement of these Terms (collectively “Disputes”) shall be governed by, and shall be construed and enforced in accordance with, Texas law. For all Disputes, mediation shall be required to occur before any person or entity may file a lawsuit. Such mediation shall occur in Austin, Texas. Only after such mediation has occurred and is unsuccessful may a person or entity file suit, which suit shall be filed in only the state courts of Travis County, Texas. No person or entity shall file or institute any suit concerning Disputes in any court or tribunal other than the state courts of Travis County, Texas. You consent to and waive any challenge to the jurisdiction of the state courts of Travis County, Texas over you and over any and all Disputes. You agree that the state courts of Travis County, Texas shall be the mandatory and exclusive venue for all Disputes and you waive any challenge to that venue.

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