Terms
of Use
Legal Notices
We, the Operators of this Website, provide it as
a public service to our users.
Please carefully review the following basic
rules that govern your use of the Website. Please note that your use of the
Website constitutes your unconditional agreement to follow and be bound by
these Terms and Conditions of Use. If you (the "User") do not agree
to them, do not use the Website, provide any materials to the Website or
download any materials from them.
The Operators reserve the right to update or
modify these Terms and Conditions at any time without prior notice to User.
Your use of the Website following any such change constitutes your
unconditional agreement to follow and be bound by these Terms and Conditions as
changed. For this reason, we encourage you to review these Terms and Conditions
of Use whenever you use the Website.
These Terms and Conditions of Use apply to the
use of the Website and do not extend to any linked third party sites. These
Terms and Conditions and our Privacy Policy, which
are hereby incorporated by reference, contain the entire agreement (the
“Agreement”) between you and the Operators with respect to the Website. Any
rights not expressly granted herein are reserved.
Permitted
and Prohibited Uses
You may use the the
Website for the sole purpose of sharing and exchanging ideas with other Users.
You may not use the the Website to violate any
applicable local, state, national, or international law, including without
limitation any applicable laws relating to antitrust or other illegal trade or
business practices, federal and state securities laws, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national or
other securities exchange, and any U.S. laws, rules, and regulations governing
the export and re-export of commodities or technical data.
You may not upload or transmit any material that
infringes or misappropriates any person's copyright, patent, trademark, or
trade secret, or disclose via the the Website any
information the disclosure of which would constitute a violation of any
confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan
horses, or other forms of harmful computer code, nor subject the Website's
network or servers to unreasonable traffic loads, or otherwise engage in
conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating
on or through the Website any unlawful, harmful, offensive, threatening,
abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful,
fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable
material of any sort, including, but not limited to, any material that
encourages conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state, national, or
international law.
You are expressly prohibited from compiling and
using other Users' personal information, including addresses, telephone
numbers, fax numbers, email addresses or other contact information that may
appear on the Website, for the purpose of creating or compiling marketing
and/or mailing lists and from sending other Users unsolicited marketing
materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from
distributing Users' personal information to third-party parties for marketing
purposes. The Operators shall deem the compiling of marketing and mailing lists
using Users' personal information, the sending of unsolicited marketing
materials to Users, or the distribution of Users' personal information to third
parties for marketing purposes as a material breach of these Terms and Conditions
of Use, and the Operators reserve the right to terminate or suspend your access
to and use of the Website and to suspend or revoke your membership in the
consortium without refund of any membership dues paid.
The Operators note that unauthorized use of
Users' personal information in connection with unsolicited marketing
correspondence also may constitute violations of various state and federal
anti-spam statutes. The Operators reserve the right to report the abuse of
Users' personal information to the appropriate law enforcement and government
authorities, and the Operators will fully cooperate with any authorities
investigating violations of these laws.
User
Submissions
The Operators do not want to receive
confidential or proprietary information from you through the Website. Any
material, information, or other communication you transmit or post
("Contributions") to the Website will be considered non-confidential.
All contributions to this site are licensed by
you under the MIT License to anyone who wishes to use them, including the
Operators.
If you work for a company or at a University,
it's likely that you're not the copyright holder of anything you make, even in
your free time. Before making contributions to this site, get written
permission from your employer.
User
Discussion Lists and Forums
The Operators may, but are not obligated to,
monitor or review any areas on the Website where users transmit or post
communications or communicate solely with each other, including but not limited
to user forums and email lists, and the content of any such communications. The
Operators, however, will have no liability related to the content of any such
communications, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. The Operators may edit or remove content on
the the Website at their discretion at any time.
Use of
Personally Identifiable Information
Information submitted to the Website is governed
according to the Operators’s current Privacy Policy and
the stated license of this website.
You agree to provide true, accurate, current,
and complete information when registering with the Website. It is your
responsibility to maintain and promptly update this account information to keep
it true, accurate, current, and complete. If you provides any information that
is fraudulent, untrue, inaccurate, incomplete, or not current, or we have
reasonable grounds to suspect that such information is fraudulent, untrue,
inaccurate, incomplete, or not current, we reserve the right to suspend or
terminate your account without notice and to refuse any and all current and
future use of the Website.
Although sections of the Website may be viewed
simply by visiting the Website, in order to access some Content and/or additional
features offered at the Website, you may need to sign on as a guest or register
as a member. If you create an account on the Website, you may be asked to
supply your name, address, a User ID and password. You are responsible for
maintaining the confidentiality of the password and account and are fully
responsible for all activities that occur in connection with your password or
account. You agree to immediately notify us of any unauthorized use of either
your password or account or any other breach of security. You further agree
that you will not permit others, including those whose accounts have been
terminated, to access the Website using your account or User ID. You grant the
Operators and all other persons or entities involved in the operation of the
Website the right to transmit, monitor, retrieve, store, and use your
information in connection with the operation of the Website and in the
provision of services to you. The Operators cannot and do not assume any
responsibility or liability for any information you submit, or your or third
parties’ use or misuse of information transmitted or received using website. To
learn more about how we protect the privacy of the personal information in your
account, please visit our Privacy Policy.
Indemnification
You agree to defend, indemnify and hold harmless
the Operators, agents, vendors or suppliers from and against any and all
claims, damages, costs and expenses, including reasonable attorneys' fees,
arising from or related to your use or misuse of the Website, including,
without limitation, your violation of these Terms and Conditions, the
infringement by you, or any other subscriber or user of your account, of any
intellectual property right or other right of any person or entity.
REFUND
POLICY
There is no refund as the customer tries a full demo account before purchase.
Termination
These Terms and Conditions of Use are effective
until terminated by either party. If you no longer agree to be bound by these
Terms and Conditions, you must cease use of the Website. If you are
dissatisfied with the Website, their content, or any of these terms,
conditions, and policies, your sole legal remedy is to discontinue using the
Website. The Operators reserve the right to terminate or suspend your access to
and use of the Website, or parts of the Website, without notice, if we believe,
in our sole discretion, that such use (i) is in
violation of any applicable law; (ii) is harmful to our interests or the
interests, including intellectual property or other rights, of another person
or entity; or (iii) where the Operators have reason to believe that you are in
violation of these Terms and Conditions of Use.
WARRANTY
DISCLAIMER
THE WEBSITE AND ASSOCIATED MATERIALS ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS
OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF
THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE
OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR
AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE,
EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM
THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE
INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE
WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF
THE THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT
YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS,
VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH
THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY
INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE OPERATORS'S TOTAL CUMULATIVE LIABILITY FOR
ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S.
DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON
LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD
NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
General
The Website is hosted in the United States. The
Operators make no claims that the Content on the Website is appropriate or may
be downloaded outside of the United States. Access to the Content may not be
legal by certain persons or in certain countries. If you access the Website
from outside the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. The provisions of the UN
Convention on Contracts for the International Sale of Goods will not apply to
these Terms. A party may give notice to the other party only in writing at that
party's principal place of business, attention of that party's principal legal
officer, or at such other address or by such other method as the party shall
specify in writing. Notice shall be deemed given upon personal delivery or
facsimile, or, if sent by certified mail with postage prepaid, 5 business days
after the date of mailing, or, if sent by international overnight courier with
postage prepaid, 7 business days after the date of mailing. If any provision
herein is held to be unenforceable, the remaining provisions will continue in
full force without being affected in any way. Further, the parties agree to
replace such unenforceable provision with an enforceable provision that most
closely approximates the intent and economic effect of the unenforceable
provision. Section headings are for reference purposes only and do not define,
limit, construe or describe the scope or extent of such section. The failure of
the Operators to act with respect to a breach of this Agreement by you or
others does not constitute a waiver and shall not limit the Operators' rights
with respect to such breach or any subsequent breaches. Any action or
proceeding arising out of or related to this Agreement or User's use of the
Website must be brought in the courts of Belgium, and you consent to the
exclusive personal jurisdiction and venue of such courts. Any cause of action
you may have with respect to your use of the Website must be commenced within
one (1) year after the claim or cause of action arises. These Terms set forth
the entire understanding and agreement of the parties, and supersedes any and
all oral or written agreements or understandings between the parties, as to
their subject matter. The waiver of a breach of any provision of this Agreement
shall not be construed as a waiver of any other or subsequent breach.