Reporting Lockbox Terms of Use

Welcome to the Reporting Lockbox

These Terms of Use create a legally binding agreement between Mediation Works, Inc. (“MWI”) and you, so please read them carefully. They describe the terms, conditions, and rules applicable to your use of and access to the Reporting Lockbox located at https://www.reportinglockbox.org/ (the “Reporting Lockbox”).

In these Terms of Use, MWI is sometimes referred to simply as “we”, “our”, or “us”. By accessing or using the Reporting Lockbox, you hereby agree to be bound by the Terms of Use. By clicking “I agree,” you expressly agree to all of the terms and conditions herein. These Terms of Use do not apply to any other website, service, or application of MWI or any websites, services, or applications linked to or from the Reporting Lockbox, including the AEA Ombuds Resource.

Use of the Reporting Lockbox

The Reporting Lockbox is made available for use in the United States. Your use of the Reporting Lockbox and any function or service on the Reporting Lockbox is void where prohibited. If you choose to access the Reporting Lockbox from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

The Reporting Lockbox is made available for use only by active members of the American Economic Association (the “AEA”), as verified by MWI. You must use the email address on record with the AEA and be an active member to utilize the Reporting Lockbox. You are responsible for ensuring that your primary email address on record with the AEA is up-to-date. If you are not currently a member of the AEA, contact the AEA, become a member, and then use the Reporting Lockbox. This is because we want to ensure that the Reporting Lockbox is not used by individuals who are not active members of the AEA. You may not use the Reporting Lockbox on behalf of any other individual, company, organization, or other legal entity.

a) The Reporting Lockbox is Separate and Distinct from the Ombuds Resource

The Reporting Lockbox is a service, separate and distinct from the Resource, which was created by and operates under the AEA Ombuds Resource Charter, and provides AEA members with a tool to surface allegations of harassment, discrimination, and retaliation (the “Reporting Member”) via an encrypted time-stamped online portal. The Reporting Lockbox provides Reporting Members with an option to log allegations of harassment, discrimination, or retaliation while giving the Reporting Member decision-making authority about what subsequently happens with this information.

For purposes of clarity, these Terms of Use govern the general use of and submission of information by Reporting Members via the Reporting Lockbox. In order to log allegations via the Reporting Lockbox, the Reporting Member must agree to these Terms of Use and the associated Privacy Policy (see Section 2 (Privacy) below) and create an account.

b) The Reporting Lockbox Process

i. Who Can Create an Account?

As explained above, use of the Reporting Lockbox is limited to active members of the AEA who are at least eighteen (18) years of age. Upon creating an account for the Reporting Lockbox, you will be asked to provide your email address. This email address must be the primary email address on file with the AEA, so that we may verify your membership. Once your AEA membership has been verified, you will be asked to confirm your contact information and will then be permitted to log a report via the Reporting Lockbox.

ii. What Happens When I Create an Account?

Upon creating an account for the Reporting Lockbox, Reporting Members are able to log a time-stamped incident. Reporting Members are prompted to provide specific information relating to the alleged incident being logged. Reporting Members are also provided with the following options: (1) the opportunity to coordinate with others who have logged similar experiences with the same alleged perpetrator in the AEA community; (2) the opportunity to receive support from a member of the Ombuds Resource; or (3) the opportunity to file a formal complaint with the AEA Ethics Committee. You may choose not to select one of these options and simply log an incident report.

iii. Who Has Access to My Information?

Regardless of the option a Reporting Member selects, or if the Reporting Member chooses to log an alleged incident without selecting one of the three options, an MWI staff member has access and may review the log. Please note that neither your information, nor any information submitted to the Reporting Lockbox will be shared with the AEA.

c) Coordinating with Others Who Have Reported a Similar Experience

If you select the option to coordinate with others who have logged a similar experience with the same alleged perpetrator in the AEA community, you are agreeing to have your contact information shared with another Reporting Member who has also opted in and has identified the same alleged perpetrator. If two or more Reporting Members provide similar information relating to the same alleged perpetrator (a “Match”), they will each be contacted by an MWI staff member and asked individually to re-confirm their willingness to participate in the exchange of contact information. An MWI staff member will then facilitate the exchange of the Reporting Members’ contact information for those who opt-in. Please note that, even if MWI identifies a Match, the information filed with the Reporting Lockbox will not be shared with the other Reporting Member. Unless all Reporting Members who have filed incidents about an alleged perpetrator agree to the exchange of contact information, their information will not be exchanged. Note that no information submitted to the Reporting Lockbox will be shared with the AEA – even in the event of a Match.

d) Support from the Ombuds Resource Team

If you select the option to request support from a member of the Ombuds Resource, your request will be sent to the MWI Ombuds Panel Manager who will arrange for an Ombuds Resource team member to contact you within one (1) business day.

e) Filing a Formal Complaint with the AEA

If you select the option to file a formal complaint with the AEA, the information you provide to the Reporting Lockbox about the alleged incident will not be shared with the AEA. You will, however, be provided with a link to the AEA Complaint webpage for detailed instructions on how to file a complaint directly with the AEA, and then you can file a complaint in accordance with AEA Procedures. These Terms of Use and our Privacy Policy do not apply to your use of the AEA Complaint webpage. Please read the applicable terms of use and privacy policy for the AEA Complaint webpage.

iv. Can I Edit or Delete My Incident?

You may edit or delete your incident in the Reporting Lockbox at any time prior to an information exchange with another Reporting Member by logging into the Reporting Lockbox and editing and/or deleting your incident.

v. Is My Information Secure?

The Reporting Lockbox is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. The information provided via the Reporting Lockbox is stored on a primary database server with multiple active clusters for higher availability.

We regularly review our security procedures to consider appropriate new technology and methods. Please be aware that, despite our efforts, no measures are perfect or 100% secure.

vi. How Long is My Information Retained by MWI?

MWI will retain logged incidents for seven years after submission to the Reporting Lockbox. MWI will securely delete your personal information at that time.

vii. Consultation with Counsel

Potential Reporting Members are reminded that they may wish to consult with counsel of their choice before logging a submission. MWI does not provide counsel or referrals to counsel for this purpose.

Privacy

Use of the Reporting Lockbox is subject to the Privacy Policy that is incorporated into these Terms of Use. As the Reporting Lockbox is separate and distinct from the Ombuds Resource, the confidentiality of any and all information submitted via the Reporting Lockbox is governed solely by these Terms of Use and the Privacy Policy, and is not governed by the AEA Ombuds Resource Charter.

Acceptable Use

MWI has established certain basic requirements for the use of the Reporting Lockbox and we require you to adhere to them. The purpose of these requirements is to set forth how you may use the Reporting Lockbox and certain behaviors and actions that are prohibited.

a) Each account is for a single user only. You agree not to share your login credentials with anyone else. You are responsible for maintaining the confidentiality of your password.

b) All information submitted by Reporting Members is voluntary. Submitting information constitutes your consent for MWI to use the information for the purposes stated herein and indicates to us you are aware of and have agreed to the Terms of Use and Privacy Policy provisions.

c) All information submitted by Reporting Members must be truthful, accurate, and complete, to the best of their knowledge.

When creating an account for the Reporting Lockbox, do not impersonate others; act on behalf of another person, company, organization, or other legal entity; or use a false name or contact information. If we discover that an incident has been made by a person who was not the Reporting Member who experienced the alleged harassment, discrimination, or retaliation, or who was a witness to such an incident, the incident will be removed from the Reporting Lockbox and the account will be blocked.
When filing an incident via the Reporting Lockbox, do not include any information that could be considered knowingly false, fraudulent, or deceptive. The purpose of the Reporting Lockbox is to empower victims of harassment, discrimination, and retaliation; and the filing of fraudulent incidents would only serve to discredit this purpose.

d) When using the Reporting Lockbox, you are not allowed to upload or share anything that:

creates a genuine risk of physical injury or property damage, or promotes self-harm or drug abuse;
includes hate speech;
infringes anyone’s intellectual property, privacy or other right; or
contains any information or content that is illegal or knowingly false.

e) Further, you are not allowed to:

access, tamper with or use non-public areas of the Reporting Lockbox;
break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;
use any undocumented or unsupported method to access, search, scrape, download or change the Reporting Lockbox;
try to interfere with any other Reporting Lockbox user;
do anything that violates applicable law or regulations; or
encourage or help anyone do any of the things on this list.

No Responsibility for Actions of Reporting Members

We simply store information provided by Reporting Members and provide them with options to log an incident, exchange information, and/or seek support from a member of the Ombuds Resource Team. We do not investigate the claims or accusations contained in the logs submitted by Reporting Members. As such, we are not responsible for the reliability, validity, accuracy, or truthfulness of any information provided by Reporting Members or of any Match.

No Guarantee of Continued Availability or Failure to Perform

The Reporting Lockbox may be modified, updated, interrupted, suspended, or discontinued at any time, in whole or in part, without notice or liability. Under no circumstances are we responsible for the loss of any of the information you provide via the Reporting Lockbox, or will we be held liable for any damages due to the lack of availability of the Reporting Lockbox.

We will not be liable to you for any delay or failure to perform any obligation we have under these Terms of Use, if the delay or failure is due to events that are beyond our reasonable control, including, but not limited to: (a) any flood, fire, earthquake, explosion, epidemic, pandemic, or other natural disaster; (b) war, invasion, hostilities, terrorist threats or acts, riots, or other civil unrest; (c) strikes, labor stoppages, or other industrial disturbances; (d) telecommunication breakdowns, power outages, or shortages; and (e) government order, law, or action (including refusal of approval or a license by a government agency).

Content

As between you and MWI, we own “Our Content,” which includes but is not limited to, visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, computer code, products, software, and all other elements and components of the Reporting Lockbox. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Our Content, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of Our Content, in whole or in part, except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Our Content are retained by us.

Notification of Claims Infringement

A copyright owner or an agent thereof who believes that content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing MWI’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MWI’s designated Copyright Agent to receive notifications of claimed infringement may be contacted at:

MWI

10 Liberty Square – 4th Floor

Boston, MA 02109

United States

NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.

Third Party Links, Sites, and Services

The Website may contain links to third-party websites that are not owned or controlled by MWI. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any such third-party website, service, or content, you do so at your own risk and you agree that MWI will have no liability arising from your use of or access to any third-party website, service, or content.

MWI’s Right to Enforce these Terms of Use

MWI has sole discretion in enforcing these Terms of Use. We may, in our sole discretion, terminate or suspend your access to all or part of the Reporting Lockbox for any reason, including, without limitation, breach of these Terms of Use, with or without notice to you. You agree that we will have no liability to you or any third party for deletion of any information you provide via the Reporting Lockbox or for blocking of your access to the Reporting Lockbox.

Disclaimers

The Reporting Lockbox, and all included content, applications, and technologies, are provided on an “as is” basis without warranty of any kind, whether express or implied. MWI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MWI NOR THE AEA SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE REPORTING LOCKBOX, ANY CONTENT OR WEBSITES LINKED TO OR FROM THE REPORTING LOCKBOX, OR ANY DEFAMING, FALSE, HARMFUL, OR INACCURATE INFORMATION YOU SUBMIT TO OR THROUGH THE REPORTING LOCKBOX. IN NO EVENT SHALL MWI’S OR THE AEA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE REPORTING LOCKBOX EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Indemnification

You agree to indemnify, defend, and hold harmless MWI from and against any and all losses, damages, liabilities, costs (including attorneys’ fees) incurred by you resulting from any third-party claim, suit, action, or proceeding arising out of or relating in any manner to the information you post or submit via the Reporting Lockbox, your use of the Reporting Lockbox, and your violation of these Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of the State of Massachusetts without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Massachusetts.

How to Contact Us

If you have questions about these Terms of Use, you can contact us by email at lockbox@mwi.org.

General Terms

Notification Procedures and Changes to these Terms of Use. From time to time, we may change these Terms of Use. We will provide notice to you if these changes are material. Notice may be by a posting of such changes on the Reporting Lockbox, or by other means, consistent with applicable law. It is your responsibility to review these Terms of Use prior to each use of the Reporting Lockbox. Your continued use of the Reporting Lockbox following such notice constitutes your acceptance of such changes. If you do not agree to the new terms, we ask that you discontinue accessing the Reporting Lockbox.

Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MWI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and MWI concerning the Reporting Lockbox and all included content. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use were last updated on November 29, 2023.