BY USING THE SITE, OR BY ACCESSING AND USING THESERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELFOR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOUREPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TOACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOUREPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOURJURISDICTION OR RESIDENCE TO USE OR ACCESS THE SITE OR SERVICES AND TO ENTERINTO THIS AGREEMENT.
1. General Use and Restrictions.
1.4. Restrictions. Except as provided in Section 1.3above, you may not (and you agree that you will not) reproduce, alter, modify,create derivative works, or publicly display any Content without firstreceiving PolyPerception’s express written permission. You further agree notto, without first obtaining PolyPerception’s express written permission, (a)use any of its brands, trademarks or service marks as metatags on other websites, (b) use the Site in any manner that is illegal or impairs the operationof the Site or its availability or usage by others, and/or (c) display any partof the Site in frames (or any Content via in-line links). You further agree notto decompile, reverse engineer or disassemble any software or other products orprocesses accessible through the Site, and not to insert any code or product ormanipulate the Site in any way that affects the user’s experience including,without limitation, taking any action that imposes, or may impose, anunreasonable or disproportionately large load on the Site. You further agreenot to use any data mining, web crawlers, robots, cancelbots, spiders, Trojanhorses, or any data gathering or extraction method in connection with your useof the Site except for customary search engines used in accordance withautomated instructions directed to search engines and available on the Site.
2.1 Account and Password.
If we issue an account to use the Services to you (an“Account”), we will also issue a username and/or initial password for suchAccount to you (each user of the Service that is issued an Account shall bereferred to herein as a “Registered User”). The portions of the Site availableto the general public and to Registered Users may vary. You may not be able toaccess all features or use all Services on the Site if you do not become aRegistered User. You may not authorize any third party to enter and/or use yourAccount on their behalf. Accordingly, you agree to protect your username andpassword by, among other things, keeping your username and passwordconfidential. If, notwithstanding the foregoing obligation, you allow anotherparty to use your username and/or password to access your Account, you will beresponsible for all use by the party using your Account. You agree to (a)immediately notify PolyPerception of any unauthorized use of your password orany other breach of security, and (b) ensure that you exit from your Account atthe end of each session.
2.2 Submissions and User Generated Content.
2.1. The Site may contain bulletin boards, chatgroups, forums and/or other interactive areas that allow users to express theiropinions and post information and/or other materials, e.g., for platform helpand support (collectively, “User Generated Content”). We do not monitor all ofthe User Generated Content posted or transmitted by users.
2.2. Any opinions, advice, statements, services,offers, or other information or content expressed or made available by thirdparty users are those of the third party and not of PolyPerception. PolyPerceptiondoes not represent or endorse the accuracy or reliability of any User GeneratedContent displayed, uploaded, or distributed on the Site by any third party. Youacknowledge that any reliance upon any such third party User Generated Contentis at your sole risk.
2.4. You are solely responsible for any User GeneratedContent you submit to the Site. We shall not be liable for the use or misuse ofany information or data, including personal information that is included in anyUser Generated Content that you submit to the Site.
3. User Generated Content Limitations.
3.2. Any User Generated Content posted by you orothers will be deemed not to be confidential or secret. You understand thatpersonal and other information (e.g., username, e-mail address, phone number)that you post on our Site is generally accessible to, and may be collected andused by others, and may result in unsolicited messages or other contact fromothers. To protect your safety, please use your best judgment when postinginformation. We particularly discourage divulging personal phone numbers andaddresses or other information that can be used to identify or locate you.
4. Linking and Third Party Dealings.
4.2. Linking to the Site. Subject to the furtherprovisions of this Section 4, PolyPerception welcomes links to the Site fromother web sites. However, if PolyPerception demands that you not link to theSite, or any portion of the Site, you agree that you will not, directly or indirectly,link to the Site or such portion of the Site as directed in our demand, at anytime after such demand is made.
5. Intellectual Property.
5.2 Trademarks. The brands, logos, tradenames,trademarks (both registered and common law) and service marks (both registeredand common law) are the property of PolyPerception, its affiliates, and theirrespective licensors. Not all brands, logos, tradenames, trademarks and servicemarks of PolyPerception and its affiliates appear on this Site. Except asexpressly provided in Section 1.3 above, none of the foregoing may be copied,imitated or used, in whole or in part, without PolyPerception’s prior writtenpermission. In addition, all page headers, custom graphics, button icons, andscripts are service marks, trademarks and/or trade dress of PolyPerception orits licensors and may not be copied, imitated, or used, in whole or in part,without PolyPerception’s prior written permission.
6. Dispute Resolution And Arbitration/Class ActionWaiver/Jury Trial Waiver.
6.1 Arbitration. PolyPerception and you agree toarbitrate all disputes and claims that arise from or relate to these Terms, theSite, or the Services in any way, except for claims arising from bodily injury.THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. This agreement to arbitrateis intended to be broadly interpreted, including, for example:
claims arising out of or relating to any aspect of therelationship between us that is created by or involves these Terms, the Site,or the Services, regardless of the legal theory; claims for mental or emotionaldistress or other emotional/mental injury arising from the relationship betweenus; claims that arose before you accepted these Terms (such as claims relatedto disclosures or the marketing of the Services or the process for seekingapproval to use the Services); claims that may arise after the termination ofyour use of the Site or the Services or any agreement between us; and claimsbrought by or against our respective subsidiaries, parent companies, members,affiliates, as well as the respective officers, directors, employees, agents,predecessors, successors, and assigns of these entities, you, and PolyPerception.This arbitration agreement does not preclude either of us from bringing anindividualized action in small claims court. It also does not preclude eitherof us from seeking an individualized preliminary injunction or temporaryrestraining order, pending arbitration, in any court that has jurisdiction. Nordoes this arbitration agreement bar you from bringing issues to the attentionof federal, state, or local agencies. Such agencies can, if the law allows,seek relief against us on your behalf. In addition, you or PolyPerception mayseek injunctive or other equitable relief to protect your or its trade secretsand intellectual property rights or to prevent loss or damage to its servicesin any court with competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, LAW,YOU UNDERSTAND AND AGREE THAT WE ARE EACH (A) WAIVING THE RIGHT TO A TRIAL BYJURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION;AND (C) WAIVING THE RIGHT TO CLAIM OR RECOVER PUNITIVE DAMAGES AGAINST THEOTHER. These Terms evidence a transaction in interstate commerce, and thus theFederal Arbitration Act governs the interpretation and enforcement of thisarbitration provision.
6.2 Notice of Disputes. If either of us intends toseek arbitration of a dispute, that party must provide the other with notice inwriting. The notice to PolyPerception should be sent to: PolyPerception Legal,Transvaalstraat 35, 2600 Antwerp,Belgium. PolyPerception will send notice to you at the e‑mail and/or mailing addresses associated with youraccount. Your notice to PolyPerception must (a) provide your name, mailingaddress, and email address; (b) describe the dispute; and (c) state the reliefyou are requesting. If we are unable to reach an agreement to resolve thedispute within 60 days after the notice is received, you or we may commencearbitration.
6.3 Arbitration Procedures. The arbitration will begoverned by the Consumer Arbitration Rules as mandated by Belgian law or by alocal Belgian Arbitration organization, as modified by these Terms, and will beadministered by a local Belgian Arbitration organization as selected byPolyPerception. Unless you and we agreeotherwise or unless prohibited by applicable law, any arbitration hearings willtake place in Antwerp, Belgium. All issues are for the arbitrator to decide,except that issues relating to the scope and enforceability of this arbitrationprovision or the arbitrability of disputes are for the court to decide. Thearbitrator may consider but is not bound by rulings in other arbitrationsbetween PolyPerception and PolyPerception users. The arbitrator can award thesame individualized damages and relief that a court can award. Judgment on theaward may be entered by any court having jurisdiction.
6.4 Costs of Arbitration. If required by applicablelaw, PolyPerception will pay all filing, administrative, and arbitrator feesfor any arbitration that PolyPerception commences. If, however, the arbitratorfinds that either the substance of your claim or the relief sought is frivolousor brought for an improper purpose (then the payment of all arbitration feesshall be governed by Arbitration Rules). In such cases, the arbitrator maydirect you to reimburse PolyPerception for amounts that PolyPerception paid onyour behalf.
6.5 NO CLASS ARBITRATION. The arbitrator may awarddeclaratory or injunctive relief only in favor of the individual party seekingrelief and only to the extent necessary to provide relief warranted by thatparty’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,YOU AND POLYPERCEPTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLYIN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER INANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.Further, unless all affected parties agree otherwise, the arbitrator may notconsolidate more than one person’s claims and may not otherwise preside overany form of a representative or class proceeding. If a court decides thatapplicable law precludes enforcement of any of this subsection’s limitations asto a particular claim for relief, then that claim (and only that claim) must besevered from the arbitration and may be brought in court.
6.6 Future Changes To Arbitration Provision. If PolyPerceptionmakes any changes to the Dispute Resolution and Arbitration section of theseTerms (other than a change to the address at which PolyPerception will receivenotices of dispute or rejections of future changes to the Dispute Resolutionand Arbitration section), you may reject any such change by sending us writtennotice within 30 days of the change to us to PolyPerception BV, Transvaalstraat35, 2600 Antwerp, Belgium (Attn: Legal Department) in which case your accountwith PolyPerception will immediately be terminated, you should cease all accessto and use of the Site, and this arbitration provision, as in effectimmediately prior to the amendments you reject, will survive.
7. Policy, Notices and Procedures Regarding Claims ofCopyright Infringement. PolyPerception respects the intellectual propertyrights of others. If you believe that your work has been copied and isaccessible on the Site in a way that constitutes copyright infringement, youmay notify our agent:
9. Limitation of Liability.
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,IN NO EVENT SHALL POLYPERCEPTION, ITS LICENSORS OR THE INDEMNIFIED PARTIES BELIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION,COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIALDAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OFUSE, THE SITE, SERVICES OR CONTENT. Subject to the below provision, in no eventshall PolyPerception’s total liability to you for all damages exceed $100.00.
10. Modifications to the Site. For the avoidance ofdoubt, PolyPerception may modify, suspend, discontinue and/or restrict the useof all or any portion of the Site including, without limitation, the Servicesand Content, at any time for any reason (or for no reason) and without noticeor liability.
11. Governing Law and Jurisdiction. These Terms, andany claim, dispute, action, cause of action, issue, or request for reliefarising out of or relating to these Terms or your use of the Site or theServices shall be governed by the laws of the Antwerp, Belgium without givingeffect to any conflict of laws principles that may provide the application ofthe law of another jurisdiction. The courts in some states and countries maynot apply Belgian law to some types of disputes. If you reside in one of thosestates or countries, then where Belgian law is excluded from applying, yourstate’s or country’s laws will apply. TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATEAND FEDERAL COURTS IN OR FOR ANTWERP, BELGIUM FOR THE PURPOSE OF LITIGATING ALLSUCH CLAIMS OR DISPUTES, UNLESS SUCH CLAIM OR DISPUTE IS REQUIRED TO BEARBITRATED AS SET FORTH IN AN ABOVE SECTION.