PICTOMETRY ROOF MEASUREMENT REPORTS TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
Pictometry International Corp. provides its Pictometry Roof Measurement Reports Service to you subject to the
following Terms of Service ("TOS"), which may be updated from time to time without notice to you. Your use of the
Service (hereinafter defined) is explicit acknowledgment and agreement to the TOS and failure to read and understand
the TOS is no defense to such acknowledgement and agreement. You can review the most current version of the TOS at
any time at our site. In addition, when using particular services, you shall be subject to any posted guidelines or
rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. Pictometry International Corp. and its subsidiaries, affiliates, members,
officers, employees, agents, partners and licensors (collectively, "Pictometry") may also offer other services that
are governed by different Terms of Service.
DESCRIPTION OF SERVICE
Pictometry Roof Measurement Reports Service provides users with access to a rich collection of resources, including
but not limited to our website, software applications, and other related services (collectively, the "Service"). You
also understand and agree that the Service may include advertisements and that these advertisements are necessary
for Pictometry to provide the Service. You also understand and agree that the Service may include certain
communications from Pictometry, such as service announcements and administrative messages, and that these
communications are considered part of the Service and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augments or enhances the current Service shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and that Pictometry assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You
are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet
service provider or airtime charges). You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary
to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and
are not a person barred from receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Pictometry has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Pictometry has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion thereof). Pictometry is concerned about the
safety and privacy of all its users, particularly children. For this reason children may not use the SERVICE unless
they are under the direct supervision of a responsible adult. When you create a Pictometry Account you certify that
you are at least 18 years old.
information, including the transfer of this information to the United States and/or other countries for storage,
processing and use by Pictometry and its affiliates.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a) immediately notify Pictometry of any
unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Pictometry cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5.
You understand that all information and messages transmitted ("Content") are the sole responsibility of the person
from whom such Content originated. This means that you, and not Pictometry, are entirely responsible for all Content
that you transmit or otherwise make available via the Service. Pictometry does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no
circumstances will Pictometry be liable in any way for any Content, including, but not limited to, any errors or
omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Pictometry official, forum leader, guide
or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted
through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment relationships or under
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our
complete Spam Policy);
upload, post, email, transmit or otherwise make available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership
of material support or resources) to any organization(s) designated by the United States government as a
foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You acknowledge that Pictometry may or may not pre-screen Content, but that Pictometry and its designees shall have
the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is
available via the Service. Without limiting the foregoing, Pictometry and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by
Pictometry or submitted to Pictometry.
You acknowledge, consent and agree that Pictometry may access, preserve and disclose your account information and
Content if required to do so by law or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights,
property or personal safety of Pictometry, its users and the public.
You understand that the text, statistical information, and patterns of usage may be used to market the services of
Pictometry or to enhance the usage of the service by you.
You understand that the technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit
digital materials to be protected, and that use of these materials is subject to usage rules set by Pictometry
and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of
the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON PICTOMETRY NETWORK
When you register with Pictometry, you acknowledge that in using the Services to send electronic communications you
will be causing communications to be sent through Pictometry’s computer networks, portions of which are located in
the United States and portions of which are located abroad. As a result, and also as a result of Pictometry’s
network architecture and business practices and the nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you
are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use
of the Service results in interstate data transmissions.
Your agreement to this TOS constitutes your consent to allow Pictometry to store these communications on its
servers. From time to time Pictometry will send you notices to let you know about important changes to the Services.
Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your
agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would
have been delivered had you accessed the Service in an authorized manner.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Pictometry does not claim ownership of Content you submit or make available for inclusion on the Service. However,
with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you
grant Pictometry the worldwide, royalty-free and non-exclusive license(s) with respect to photos, graphics, audio or
video you submit or make available for inclusion in the Service other than the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the time you remove or Pictometry removes such
Content from the Service.
"Publicly accessible" areas of the Service are those areas of the Pictometry network of properties that are intended
by Pictometry to be available to the general public. However, publicly accessible areas of the Service would not
include portions of Pictometry services intended for private communication or areas off of the Pictometry network of
properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not
hosted or served by Pictometry.
CONTRIBUTIONS TO PICTOMETRY
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Pictometry through its suggestion
or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or
proprietary information; (b) Pictometry is not under any obligation of confidentiality, express or implied, with
respect to the Contributions; (c) Pictometry shall be entitled to use or disclose (or choose not to use or disclose)
such Contributions for any purpose, in any way, in any media worldwide; (d) Pictometry may have something similar to
the Contributions already under consideration or in development; (e) your Contributions automatically become the
property of Pictometry without any obligation of Pictometry to you; and (f) you are not entitled to any compensation
or reimbursement of any kind from Pictometry under any circumstances.
You agree to indemnify and hold Pictometry and its subsidiaries, affiliates, officers, agents, employees, partners
and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of
the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion
of the Service (including your Pictometry ID), use of the Service, or access to the Service. Further, you agree that
you will not allow others to access your account for the purpose of using it on your behalf. You are the only
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Pictometry may establish general practices and limits concerning use of the Service, including
without limitation the maximum number of email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on Pictometry’s servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service in a given period of time. You agree that Pictometry
has no responsibility or liability for the deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge that Pictometry reserves the right to log
off accounts that are inactive for an extended period of time. You further acknowledge that Pictometry reserves the
right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
Pictometry reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You agree that Pictometry shall not be liable
to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Pictometry may, under certain circumstances and without prior notice, immediately terminate your
Pictometry account and access to the Service. Cause for such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of
any fees owed by you in connection with the Services. Termination of your Pictometry account includes (a) removal of
access to all offerings within the Service, (b) deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in Pictometry’s sole discretion and that Pictometry
shall not be liable to you or any third party for any termination of your account, any associated email address, or
access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and such advertiser. You agree
that Pictometry shall not be responsible or liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because
Pictometry has no control over such sites and resources, you acknowledge and agree that Pictometry is not
responsible for the availability of such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or available from such sites or resources. You
further acknowledge and agree that Pictometry shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
PICTOMETRY’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by Pictometry , you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in
whole or in part.
Pictometry grants you a personal, non-transferable and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a
derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by
any means other than through the interface that is provided by Pictometry for use in accessing the Service.
Accordingly, if you or others affiliated with you (whether through acts or omissions) copy, modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part, or
reverse engineer, reverse assemble or otherwise attempt to discover any source code, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software, you agree to pay to Pictometry the amount of
$100,000.00 multiplied by each end user whom benefits from such violation (as determined by individual use or
machine use, whichever is greater) as liquidated damages and not as a penalty, and you agree that such amounts
constitute reasonable provision for liquidated damages and that such damages could not be otherwise be calculated.
Pictometry may apply any deposits that it is holding toward payment of the foregoing liquidated damages, without
notice to or approval by you. You shall pay Pictometry the foregoing liquidated damage amount within ten (10) days
after receiving Pictometry’s invoice for the damages.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. GEOESTIMATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
PICTOMETRY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICTOMETRY OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PICTOMETRY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GEOESTIMATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to
Pictometry may provide you with notices, including those regarding changes to the TOS, by email, regular mail or
postings on the Service.
The Pictometry, Pictometry logo, Pictometry trademarks and service marks and other Pictometry logos and product and
service names are trademarks of Thornberry (the "Pictometry Marks"). Without Pictometry’s prior permission, you
agree not to display or use in any manner the Pictometry Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Pictometry respects the intellectual property of others, and we ask our users to do the same. Pictometry may, in
appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide Pictometry’s the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and
that you are the copyright or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Pictometry’s Notice of claims of copyright or other intellectual property infringement can be reached as
Pictometry International Corp.
100 Town Centre Drive, Suite A
Rochester, New York 14623
Attention: Legal Department
GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire agreement between you and Pictometry and governs your use
of the Service, superseding any prior agreements between you and Pictometry with respect to the Service. You also
may be subject to additional terms and conditions that may apply when you use or purchase certain other Pictometry
services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and Pictometry shall be governed by the
laws of the State of New York without regard to its conflict of law provisions. You and Pictometry agree to submit
to the personal and exclusive jurisdiction of the courts located within Monroe County, New York. Waiver and Severability of Terms. The failure of Pictometry to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction 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 the TOS remain in full
force and effect. No Right of Survivorship and Non-Transferability. You agree that your Pictometry account is
non-transferable and any rights to your PICTOMETRY ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently
deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. Titles. The section titles in the TOS are for convenience only and have no legal or contractual
effect. Costs of Enforcement. If there is a dispute concerning this TOS or if Pictometry seeks to enforce its
rights under this TOS, then in addition to any damages you shall pay all reasonable costs and expenses that
Pictometry incurs in connection with the successful enforcement or in pursuing any remedy provided hereunder or by
relevant statutes or other laws, including, without limitation, attorneys' fees and advanced costs; postage and
delivery, credit check and other out of pocket expenses incurred by it; fees and expenses of collection agencies
(whether based on a percentage of the amount owed by you, an hourly fee, a fixed fee or otherwise), and whether such
costs and expenses are incurred with or without suit; before or after judgment, in any appeal; in any proceedings
under any present or future federal bankruptcy act or state receivership act; or in connection with any mediation,
arbitration or other alternative dispute resolution proceeding initiated by the parties.