Peter Kamminga

Terms of Use

Introduction

“This is the official homepage of Dr. Peter Kamminga, mediator for the Asian Consensus Mediation (ACM), arbitrator, professor, and contracts specialist. Your use of this website, including any content, functionality, materials, and resources available on or through this website, is subject to these terms of use. By using this site, you accept, without limitation or qualification, these terms of use. You must read this document carefully because it describes your rights, obligations, duties, and responsibilities with respect to the services, information, materials, and resources available on or through peter-kamminga.com. If you do not agree to all of these Terms of Use, you must not access or use this site.”

Scope and Acceptance of Terms

These Terms of Use (“Terms”) apply to any visitor, user, or viewer of this website (“Site”). By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and accepted these Terms and our Privacy Policy, as well as any additional guidelines, restrictions, disclaimers, and/or rules that we may make available on, via, or in relation to specific sections of the Site or specific services offered through the Site. These Terms form a binding agreement between you and Dr. Peter Kamminga (“we,” “our,” or “us”). You are responsible for adhering to all applicable local, state, national, and foreign laws, rules, ordinances, and regulations in connection with your use of the Site.

Definitions

What follows are the definitions that apply throughout these terms of use:

  • “Site” means the website peter-kamminga.com with all associated subdomains, content, and resources.
  • “User” or “you” is each individual and entity that views, accesses, and/or uses the Site.
  • “Content” means the text, images, graphics, audio, video, posts, articles, whitepapers, downloadable content, and other information published on the Site.
  • “Services” are mediation, arbitration, consulting, advisory, academic, and other professional services as described on the Site or otherwise offered.
  • “Company” means Dr. Peter Kamminga, the administrator and operator of the Site.

Eligibility

Use of this Site is intended for and may only be used by persons and individuals who have the power and authority to form legally binding contracts under and pursuant to applicable law. By using this Site you represent, warrant, and covenant that you are at least 18 years of age or of the legal age of majority in your jurisdiction, and that you have the capacity and authority to accept and comply with these Terms. If you are using this Site on behalf of an entity, you represent, warrant, and covenant that you have the requisite authority to bind such entity with respect to these Terms.

Modifications to Terms

We reserve the right, at our sole discretion, to update, alter, or change these Terms of Use. Any updates, changes, or modifications to these Terms of Use will be effective upon posting on the Site. You agree that it is your responsibility to review these Terms periodically for updates and/or changes. If you do not accept the changes to any portion of the Terms or are not satisfied with the Site, you must discontinue use of the site.

Intellectual Property Rights

All content included on this Site, including but not limited to text, graphics, logos, icons, images, audio and video clips, downloads, software, code, HTML, analytics tags, and ActiveX controls (collectively referred to as the “Content”) is owned exclusively by Dr. Peter Kamminga or by its content suppliers and is protected by the copyright, trademark, and other intellectual property and proprietary rights laws of the United States and of other countries. Except where expressly made available by us through this Site to be copied or downloaded in a specific manner by you (e.g., downloadable forms or widgets), no Content from this Site may be copied or retransmitted unless express written permission is first obtained from Dr. Peter Kamminga to do so. All rights not expressly granted herein are reserved to Dr. Peter Kamminga.

Permitted Use

You receive a limited, non-exclusive, non-transferable, and revocable license to view the Site and its content for your own legitimate non-commercial purposes, such as gaining information about our services, using our resource center, or contacting us for professional legal advice. You may download and print material provided on the Site for your own personal, non-commercial use, provided that you copy all copyright, trademark, and other proprietary notices contained in it. You may not use the Site or its content elsewhere than as expressly contemplated by this Agreement.

Prohibited Conduct

You further agree not to use the Site or its content to:

  • violate any law or regulation;
  • infringe upon or misappropriate any intellectual property, privacy, or other rights of any person;
  • attempt to gain unauthorized access to any portion of the Site, accounts, systems, or networks;
  • interfere with or disrupt the security, integrity, or performance of the Site;
  • upload, transmit, or otherwise distribute any viruses, worms, or other malicious code;
  • use any automated means, including robots, spiders, or scripts to collect information from or otherwise interact with the Site;
  • impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • or cause harm to the Site or its functionality.

User Submissions and Communications

All information, communications, ideas, feedback, suggestions, or other submissions submitted through the Site or otherwise (e.g., email, contact forms, or other means) are deemed to be non-confidential and non-proprietary. You grant Dr. Peter Kamminga a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form. Such information may not contain any illegal, defamatory, infringing, and/or objectionable material.

Third Party Links and Resources

The Site may include links to third party sites, resources, or services that are not owned, controlled, or managed by Dr. Peter Kamminga. Such third party materials are provided for your convenience and informational purposes only and we have no control over such third-party sites or their contents. We do not endorse, monitor, investigate, or verify the accuracy, policies, or practices of any third-party sites. Your dealings with any third party sites through a link on our site are solely between you and that third party and will be governed by their relevant terms or privacy policy. We assume no responsibility or liability for any damages or losses that result from your reliance on any third-party materials.

Professional Services Disclaimer

The information and materials available on or through this Site are provided for general informational purposes only and are not intended to be, and do not constitute, legal, financial, or other advice. Although Dr. Peter Kamminga has substantial experience providing mediation, arbitration, consulting, and other services, your access to this Site or its contents does not create any professional-client, mediator-client, attorney-client, or other confidential or fiduciary relationship between you and Dr. Kamminga. Any engagement of mediator, arbitrator, consultant, or other service must be accomplished through a separate written statement of the work to be done and each party’s respective obligations under the circumstances. No party should act or refrain from acting on the basis of information provided from this Site without first securing appropriate advice from advisors in their respective jurisdictions of interest.

No Guaranties or Warranties

The Site, its content, and all services are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent allowed by applicable law, Dr. Peter Kamminga makes no warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, reliability, or non-infringement. Dr. Peter Kamminga does not guarantee that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components. No advice or information, whether oral or written, obtained through the Site or from us shall create any warranty not expressly stated in these Terms.

Limitation of Liability

To the fullest extent permitted by applicable law, Dr. Peter Kamminga, his subsidiaries, officers, employees, agents, licensors, or partners shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, data, goodwill, or other intangible losses arising out of or in connection with your use of, or inability to use, the Site and/or the content and/or any services obtained from the Site and/or use of said content and/or services, even if Dr. Kamminga has been advised of the possibility of such damages. If you are dissatisfied with any portion of the Site your sole and exclusive remedy is to cease using the Site.

Indemnification

You will indemnify, defend, and hold harmless Dr. Peter Kamminga and his affiliates, officers, employees, agents, licensors, service providers, indemnitors, sublicensees, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to your use or misuse of the Site or messagenia Service, breach or violation of these Terms or any other rights or third-party claims, or any breach of your representations or obligations contained herein.

Privacy Policy

Your use of the Site is also subject to the terms of our Privacy Policy, which addresses our collection, use, and protection of your personal information. Your access and/or use of the Site constitutes your agreement to the collection and use of this information as described in the Privacy Policy. In addition, you should review our Privacy Policy from time to time to learn more about our practices and about your choices regarding your information.

Confidentiality of Service Engagements

While any general questions and communications via the Site are non-confidential, any prospective engagement for the purposes of mediation, arbitration, consulting, or other professional services may be subject to recognized confidentiality obligations, as agreed upon in the written service engagement agreement. Dr. Peter Kamminga values and maintains the highest standards of confidentiality and neutrality in his professional activities in accordance with applicable ethical requirements and legal obligations. Should you wish to discuss a potential engagement with Dr. Kamminga, please do not use publicly available or unprotected methods to submit sensitive information; rather, contact us at [email protected] to set up a confidential initial consultation.

Account Registration and Security

Some of the resources or other features on the Site may require that you register for an account, or that you provide identifying information. You agree to provide accurate and current identifying information and to update such information promptly as necessary. You are responsible for maintaining the confidentiality of login credentials or access codes provided on this Site to you, and you are fully responsible for all activities that occur under your account. You must immediately notify us at [email protected] of any unauthorized use or suspected breach of security or other breach relating to your account.

Service Engagements and Agreements

Any mediation, arbitration, consulting, or other advisory services referenced in the Site are subject to formal engagement procedures and as a condition precedent to such engagement require execution of a written engagement letter outlining the scope, terms, fees, and confidentiality governing your matter. Matter pricing is based upon the nature and complexity of the engagement and related requirements as described in this Site. Nothing in this Site constitutes an offer for services that may be accepted by the reader. We reserve the right to accept or reject requests for services at our discretion.

Payment and Billing Policies

The fees for professional services (including but not limited to, mediation, arbitration, consulting) are based on both the amount of work involved and the scope of the undertaking. Your provided service agreement will expressly detail payment terms, invoicing arrangements, method of payment accepted, and any applicable taxes. Unless otherwise provided in your service agreement, you understand that payment terms are due upon receipt of invoice. Any invoice not paid by the due date may be subject to interest charges in accordance with the law. Further, unless otherwise provided in the service agreement, it is acknowledged and agreed that all services are deemed rendered at the time services are provided, and as such all fees referred to in your service agreement for such services are non-refundable. If you have questions about your billing or payments please do not hesitate to contact us via email or telephone at (737) 774-5189 / [email protected].

Cancellation and Rescheduling Policy

Mediation Reminder: Whenever it is necessary to cancel or reschedule a mediation, arbitration, consultation, or other appointment, please provide as much notice as possible. Cancellation and rescheduling policies and fees, if any, are stated in your service agreement. We will make every effort to accommodate changes where possible and we appreciate your timely notice to minimize disruptions for all parties involved.

Intellectual Property Infringement Claims

If you believe that any content appearing on the Site violates a copyright or any other intellectual property right, please notify us immediately in writing with a detailed message identifying the allegedly infringing material, identifying your ownership interest, and including your complete name, address, telephone number, and email address. We will investigate such claims and, when appropriate, remove or disable access to the allegedly infringing material pursuant to applicable law.

International Use and Compliance

Use of Site Outside of Cambodia: The Services of Dr. Peter Kamminga and this Site are available globally. You are responsible for compliance with all local laws and regulations in your jurisdiction that apply to your use of the Site. The Site should not be accessed from any territory where it is not legal to do so. We make no claims that the Site or any part of the Site or the materials available through the Site are appropriate or are available for use in any location.

Termination of Use

We may, in our sole discretion and without prior notice, suspend or terminate your access to the Site, any content, or any services for any reason, including, but not limited to, violation of these Terms, suspected fraudulent or illegal activity, or in response to requests by law enforcement or other government agencies. Upon termination, all provisions of these Terms which by their nature should survive, will continue in effect.

Governing Law and Jurisdiction

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Texas, United States, without giving effect to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services shall be subject to the exclusive jurisdiction of the state and federal courts sitting in Austin, Texas. You agree to personal jurisdiction by such courts and you waive any objection to venue or forum.

Dispute Resolution Mechanism

In the event of any controversy or claim arising out of or relating to these Terms or your use of the Site, you agree to first try to resolve the matter informally with us by contacting us at [email protected]. If we cannot resolve the dispute informally, you agree that any controversy or claim arising out of or relating to these Terms or the breach thereof that cannot be resolved informally shall be settled by confidential mediation, and, if necessary, through binding arbitration administered in Austin, Texas, in accordance with the rules of a dispute resolution provider mutually agreed upon by you and us (the “Administrator”). Notwithstanding anything contained herein to the contrary, nothing in this Section shall prevent either you or us from seeking injunctive or equitable relief in a court of competent jurisdiction for matters pertaining to intellectual property or confidential information.

Severability

If and to the extent that any provision herein is found to be unlawful, void, or unenforceable by a court or other tribunal of competent jurisdiction, the same shall be enforceable to the maximum degree allowable and the balance of the Terms and Conditions will be deemed valid and enforceable.

Allow me to translate #2 above. If anything worded in legalese is found on this website to be, let’s just say “not right,” in the opinion of a “court or other tribunal of competent jurisdiction,” – my translation: a court – then it should not apply to me and all else on this website should remain solid. If there’s something that I’ve said, like “this may not be legal advice nyaa nyaa nyaa” in little print on another page – I’m bullet proof; it’s impossible for you to sue me.

No Waiver

No failure or delay by Dr. Peter Kamminga in exercising any right, remedy, or enforcing any provision under these Terms shall constitute a waiver of such right or provision. Any waiver must be in writing and signed by Dr. Peter Kamminga to be effective.

Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Dr. Peter Kamminga may assign or transfer these Terms, in whole or in part, at any time without notice or your consent.

Entire Agreement

Prevailing Terms and Conditions. These Terms of Use, together with the Privacy Policy and other additional policies or agreements expressly incorporated by reference herein, comprise the entire agreement between you and Dr. Peter Kamminga regarding your use of the Site and supersede all prior or contemporaneous communications, representations, or agreements, written or oral, about this Site.

Contact Information

If you have any inquiries, comments, or concerns about these Terms of Use, your account, and/or your use of the Site, please contact Dr. Peter Kamminga via:

We will attempt to respond to all correspondence in a prompt manner and will address your questions and/or concerns to the best of our respective abilities. If you are interested in obtaining services, please contact us via the above information to schedule an appointment.

Updates and Effective Date

These Terms of Use are subject to modification at any time without notice. The current version is effective June 1, 2024. You should review these Terms periodically to keep up to date on your rights and obligations. Your continued use of the Site constitutes acceptance of any revisions or amendments to these Terms.

Acknowledgement and Acceptance

You understand that accessing or using the Site means you have read, and agree to be bound by, these Terms of Use. If you do not agree to the Terms, you should cease using the Site immediately.

Thank you for visiting the Website and for your interest in Dr. Peter Kamminga’s Mediation, Arbitration & Consulting services. We appreciate the opportunity to help resolve your most complex disputes or take your organization forward in its collaborative initiatives.