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Conference Terms of Use

Welcome to the Japanese American National Museum (the "National Museum" or "we") website for the National Museum’s 2013 National Conference, Speaking Up! Democracy, Justice, Dignity (the "Conference"), accessible at www.janm.org/conference2013 (the "Conference Site").  The Conference will explore the historic and contemporary connections of the Japanese American experience to local, state and national histories and commemorate the 25th anniversary of the signing of the Civil Liberties Act of 1988.  Please read carefully the following terms and conditions ("Conference Terms").  These Conference Terms govern your access to and use of the Conference Site, any services provided through the Conference Site (the "Services") and Collective Content (defined below), and constitute a binding legal agreement between you and the National Museum.

Key Content-related Conference Terms

"Content" means text, graphics, images, music, software, audio, video, information or other materials.

"National Museum Content" means Content that the National Museum makes available through the Conference Site and Services, including any Content licensed from a third party, but excluding Registrant Content.

"Registrant" means a person who completes the National Museum’s Conference registration process, as described under the "Conference Registration" section below.

"Registrant Content" means Content that a Registrant posts, uploads, publishes, submits or transmits to the National Museum to be made available through the Conference Site or Services.

"Collective Content" means, collectively, National Museum Content and Registrant Content.

Certain areas of the Conference Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.  If there is a conflict between these Conference Terms and terms and conditions posted for a specific area of the Conference Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Conference Site, Services or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE CONFERENCE SITE OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE CONFERENCE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE CONFERENCE TERMS.  IF YOU DO NOT AGREE TO THESE CONFERENCE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE CONFERENCE SITE, SERVICES OR COLLECTIVE CONTENT. 

If you accept or agree to these Conference Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Conference Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modification

The National Museum reserves the right, at its sole discretion, to modify, discontinue or terminate the Conference Site or Services or to modify these Conference Terms, at any time and without prior notice.  If we modify these Conference Terms we will post the modification on the Conference Site or provide you with notice of the modification.  We will also update the "Last Updated Date" at the top of these Conference Terms.  By continuing to access or use the Conference Site or Services after we have posted a modification on the Conference Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Conference Terms.  If the modified Conference Terms are not acceptable to you, your only recourse is to cease using the Conference Site and Services.

Eligibility

The Conference Site and Services are intended solely for persons who are 18 years of age or older.  Any access to or use of the Conference Site or Services by anyone under the age of 18 is expressly prohibited.  By accessing or using the Conference Site or Services, you represent and warrant that you are 18 years of age or older. 

Conference Registration

In order to access certain features of the Conference Site and Services and to post any Registrant Content on the Conference Site or through the Services you must register for the Conference by creating an account ("Account").

You may register directly via the Conference Site, or by faxing your registration form to the National Museum at 213.687.9140, or by mailing your registration form to: Japanese American National Museum, ATTN: 2013 National Conference Registration, 100 North Central Avenue, Los Angeles, CA 90012.  Registration forms with payment are due no later than January 31, 2013 for Early Bird Registration or June 5, 2013 for Regular Registration.  If you decide to register online, we will use the personal information that you have provided (such as your name, address, billing address, email address, telephone number, credit card number and other information) to create your Account.  You hereby consent to our access to and collection of such personal information about you. 

Account Information

During the registration process, you will be required to provide certain information.  You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  The National Museum reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.  You agree that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.  You will immediately notify the National Museum of any unauthorized use of your Account.

Payment Terms

You agree to pay the applicable fees and taxes for Conference registration and any Conference tours, activities and banquets with which you elect to participate.  Full payment is due upon registration.  All fees and applicable taxes, if any, are payable in United States dollars.

Ownership

The Conference Site, Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  You acknowledge and agree that the Conference Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of the National Museum and its licensors.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Conference Site, Services or Collective Content.

National Museum to National Museum Content and Registrant Content Subject to your compliance with the terms and conditions of these Conference Terms, the National Museum grants you a limited, non-exclusive, non-transferable license: (i) to view, download and/or print any National Museum Content solely for your personal and non-commercial purposes; and (ii) to view any Registrant Content to which you are permitted access solely for your personal and non-commercial purposes.  You have no right to sublicense the license rights.  If you are a teacher or an educator, you may reproduce, distribute, publicly display, publicly perform or use the Collective Content solely for classroom or workshop instruction in a school, museum or other non-profit educational organization, but you may not modify, adapt, prepare derivative works based upon, publish, sell, license, transfer or distribute on a for-profit or commercial basis any Collective Content without the National Museum’s prior written authorization. The authorization in this prior sentence does not apply to corporations that package, prepare or sell educational materials.

You will not use, download, copy, reproduce, distribute, publicly display, publicly perform, transmit, stream, broadcast, sell, license, transfer, adapt, modify, prepare derivative works based upon or otherwise exploit the Conference Site, Collective Content or Services, for any commercial purpose, without the National Museum’s prior written authorization. To request such authorization, please contact the National Museum at seattle@janm.org.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the National Museum or its licensors, except for the licenses and rights expressly granted in these Terms.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the National Museum or its licensors, except for the licenses and rights expressly granted in these Conference Terms.

License granted by Registrant

We may, in our sole discretion, permit Registrants to post, upload, publish, submit or transmit Registrant Content.  By making available any Registrant Content to the National Museum, including on or through the Conference Site or Services, you hereby grant to the National Museum a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Registrant Content on, through or by means of the Conference Site or Services, on, through or by means of the National Museum’s website, located at www.janm.org, or the National Museum’s social media and social networking webpages, or in advertising, publicity or marketing for the National Museum.  The National Museum does not claim any ownership rights in any Registrant Content and nothing in these Conference Terms will be deemed to restrict any rights that you may have to use and exploit any Registrant Content

You acknowledge and agree that you are solely responsible for all Registrant Content that you make available to the National Museum.  Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registrant Content that you make available to the National Museum or you have all rights, licenses, consents and releases that are necessary to grant to the National Museum the rights in such Registrant Content, as contemplated under these Conference Terms; and (ii) neither the Registrant Content nor your posting, uploading, publication, submission or transmittal of the Registrant Content or the National Museum’s use of the Registrant Content (or any portion thereof) on, through or by means of the Conference Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Conference Site or Services ("Feedback").  You may submit Feedback related to the Conference by emailing us at seattle@janm.org.  You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Conference Site, or any individual element within the Conference Site or Services, the National Museum’s name, any National Museum trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the National Museum’s express written consent;
  • Access, tamper with, or use non-public areas of the Conference Site, the National Museum’s computer systems, or the technical delivery systems of the National Museum’s providers;
  • Attempt to probe, scan, or test the vulnerability of any National Museum system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the National Museum or any of the National Museum’s providers or any other third party (including another user) to protect the Conference Site, Services or Collective Content;
  • Attempt to access or search the Conference Site, Services or Collective Content or download Collective Content from the Conference Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the National Museum or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a National Museum trademark, logo URL or product name without the National Museum’s express written consent;
  • Use the Conference Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Conference Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Conference Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Conference Site, Services or Collective Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Conference Site or Services;
  • Collect or store any personally identifiable information from the Conference Site or Services from other users of the Conference Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

The National Museum will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  The National Museum may involve and cooperate with law enforcement authorities in prosecuting users who violate these Conference Terms.  You acknowledge that the National Museum has no obligation to monitor your access to or use of the Conference Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Conference Site and Services, to ensure your compliance with these Conference Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  The National Museum reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the National Museum, at its sole discretion, considers to be in violation of these Conference Terms or otherwise harmful to the Conference Site or Services.

Copyright Policy

The National Museum respects copyright law and expects its users to do the same.  It is the National Museum’s policy to terminate in appropriate circumstances Registrants or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the National Museum’s Copyright Policy at DiscoverNikkei.org/about/copyright, for further information.

Links

The Conference Site or Services may contain links to third-party websites or resources.  You acknowledge and agree that the National Museum is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by the National Museum of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

Termination and Account Cancellation

If you breach any of these Conference Terms, the National Museum will have the right to suspend or disable your Account, cancel your Conference registration and/or terminate these Conference Terms, at its sole discretion and without prior notice to you.  The National Museum reserves the right to revoke your access to and use of the Conference Site, Services and Collective Content at any time, with or without cause.  In the event the National Museum terminates these Conference Terms for your breach, you will remain liable for all amounts due hereunder.  You may cancel your Account at any time by sending an email to seattle@janm.orgAny requests for refund or cancellation of Conference registrations must be submitted to the National Museum in writing and postmarked or faxed by 5 p.m. (PST) on June 12, 2013.

Disclaimers

THE CONFERENCE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, THE NATIONAL MUSEUM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE NATIONAL MUSEUM MAKES NO WARRANTY THAT THE CONFERENCE SITE, SERVICES OR COLLECTIVE CONTENTWILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  THE NATIONAL MUSEUM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE CONFERENCE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE CONFERENCE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE NATIONAL MUSEUM OR THROUGH THE CONFERENCE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE CONFERENCE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE CONFERENCE SITE OR SERVICES.  YOU UNDERSTAND THAT THE NATIONAL MUSEUM DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE CONFERENCE SITE OR SERVICES, NOR DOES THE NATIONAL MUSEUM MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE CONFERENCE SITE OR SERVICES.  THE NATIONAL MUSEUM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE CONFERENCE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE CONFERENCE SITE OR SERVICES.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE CONFERENCE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE CONFERENCE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold the National Museum, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Conference Site, Services or Collective Content, or your violation of these Conference Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONFERENCE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU.  NEITHER THE NATIONAL MUSEUM NOR ANY OTHER person or entity involved in creating, producing, or delivering the Conference Site, Services or Collective Contentwill be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising ouT of or in connection with thESE CONFERENCE TERMS or from the use OF or inability to use the CONFERENCE SITE, ServiceS OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the CONFERENCE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE CONFERENCE SITE OR SERVICES whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not THE NATIONAL MUSEUM has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

In no event will THE NATIONAL MUSEUM’S aggregate liability arising out of or in connection with THESE CONFERENCE TERMS OR FROM THE USE OF OR INABILITY TO USE THE CONFERENCE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO THE NATIONAL MUSEUM FOR USE OF THE CONFERENCE SITE, SERVICES OR COLLECTIVE CONTENT.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE NATIONAL MUSEUM AND YOU.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of the National Museum used herein are trademarks or registered trademarks of the National Museum.  Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law

These Conference Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  

Entire Agreement

These Conference Terms constitute the entire and exclusive understanding and agreement between the National Museum and you regarding the Conference Site, Services and Collective Content, and these Conference Terms supersede and replace any and all prior oral or written understandings or agreements between the National Museum and you regarding the Conference Site, Services and Collective Content.

Assignment

You may not assign or transfer these Conference Terms, by operation of law or otherwise, without the National Museum’s prior written consent.  Any attempt by you to assign or transfer these Conference Terms, without such consent, will be null and of no effect.  The National Museum may assign or transfer these Conference Terms, at its sole discretion, without restriction.  Subject to the foregoing, these Conference Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Conference Terms, will be in writing and given: (i) by the National Museum via email (in each case to the address that you provide); or (ii) by posting to the Conference Site.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

You and the National Museum agree that any dispute, claim or controversy arising out of or relating to these Conference Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Conference Site or Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action").  The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Central District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.  You acknowledge and agree that you and the National Museum are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.  Further, unless both you and the National Museum otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void.  Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Conference Terms.

Arbitration Rules and Governing Law.  The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section.  (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.)  The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process.  A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.  (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)  The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators.  If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure.  Unless you and the National Museum otherwise agree, the arbitration will be conducted in the county where you reside.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and the National Museum submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.  If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.  The arbitrator will render an award within the time frame specified in the AAA Rules.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  The arbitrator’s award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable.  The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.  The National Museum will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees.  Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.  However, if your claim for damages does not exceed $75,000, the National Museum will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.  Notwithstanding the provisions of the "Modification" section above, if the National Museum changes this "Dispute Resolution" section after the date you first accepted these Conference Terms (or accepted any subsequent changes to these Conference Terms), you may reject any such change by sending us written notice (including by email to seattle@janm.org) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of the National Museum’s email to you notifying you of such change.  By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the National Museum in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Conference Terms (or accepted any subsequent changes to these Conference Terms).

General

The failure of the National Museum to enforce any right or provision of these Conference Terms will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the National Museum.  Except as expressly set forth in these Conference Terms, the exercise by either party of any of its remedies under these Conference Terms will be without prejudice to its other remedies under these Conference Terms or otherwise.  If for any reason a court of competent jurisdiction finds any provision of these Conference Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Conference Terms will remain in full force and effect.

Contacting the National Museum

If you have any questions about the Conference or these Conference Terms, please contact the National Museum at seattle@janm.org.

Last Updated Date: January 8. 2013