Terms of Use Agreement - ASDV Bonaparte

Effective date: 19 September, 2020
Last updated: 19 September, 2020

This Terms of Use Agreement (“Agreement”) constitutes a binding legal contract between you, whether personally or on behalf of an entity (“you”) and ASDV Bonaparte (“ASDV Bonaparte,” “we,” “us,” or “our”), regarding your access to and use of ASDV Bonaparte’s website located at https://www.asdvbonaparte.nl on all platforms (the “Site”).

Carefully read this Agreement and the Privacy Policy before using the Site. By using the Site, you have read, understood and, agreed to the terms and conditions of this Agreement and the Privacy Policy. The Privacy Policy is part of this Agreement and incorporated by reference herein. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Site after the date such revised Agreement is posted.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

The Site is controlled and offered by ASDV Bonaparte in the Netherlands. ASDV Bonaparte makes no representations that the Site nor the information provided on the Site is appropriate for use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with their local laws, if and to the extent local laws are applicable.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You agree there is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

1. Intellectual Property Rights

The content on the Site, including without limitation, the text, source code, databases, functionality, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, the design of and “look and feel,” and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ASDV Bonaparte, and are protected by copyright and trademark laws and other intellectual property rights and unfair competition laws of the Netherlands and the European Union, as well as international copyright laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only. Except as expressly provided in this Agreement, no part of the Site nor Content or Marks may be downloaded, copied, reproduced, aggregated, republished, uploaded, posted, distributed, transmitted, broadcast, displayed, encoded, translated sold, licensed, or otherwise exploited for any other purposes whatsoever without our express prior written consent. ASDV Bonaparte reserves all rights not expressly granted in and to the Site, the Content and the Marks.

2. General Use of the Site and the Content — Permissions and Restrictions

Provided that you are eligible to use the Site, ASDV Bonaparte hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Site as set forth in this Agreement solely for your personal non-commercial use except those that are specifically endorsed or approved by us, provided that:

You agree not to distribute in any medium any part of the Site, including but not limited to Content, without ASDV Bonaparte’s prior written explicit authorisation.
You agree not to alter or modify any part of the Site, including but not limited to, the Content, primarily ASDV Bonaparte’s posts and uploaded work.
You agree not to access Content through any technology or means other than any as authorized by this Agreement or a written agreement between you and ASDV Bonaparte.
You agree not to use the Site for any commercial use without the prior written authorization of ASDV Bonaparte. Prohibited commercial uses include, but are not limited to, any of the following actions taken without ASDV Bonaparte’s express approval:
1. Sale of access to the Site or Content via another website or medium (such as a mobile application);
2. Use of the Site or Content for the purpose of gaining advertising or subscription revenue;
3. The sale of advertising, on the Site or any third-party website, targeted to the Content;
4. Any use of the Site, Content that ASDV Bonaparte finds, in its sole discretion, has the effect of competing with or displacing the market for the Services or Content.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the site servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, ASDV Bonaparte grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ASDV Bonaparte reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes, unless to use said systems for commercial (or promotional) solicitation directly with ASDV Bonaparte himself pertaining the Content.
You will otherwise comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
You agree not to impersonate any person or organization.
ASDV Bonaparte reserves the right to discontinue any aspect of the Services at any time.

As a user of the Site, you also agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

3. Your Use of Content on the Services

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Site.

You may access Content and other content only as permitted under this Agreement. ASDV Bonaparte reserves all rights not expressly granted in and to the Content and the Services.
You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein.
You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
You understand that when using the Site, you further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ASDV Bonaparte with respect thereto, and agree to indemnify and hold ASDV Bonaparte, his affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

4. Your conduct

You agree that your conduct on the Site will comport with the terms of this Agreement.
If you provide feedback to us regarding the Site or Content (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
You acknowledge and agree that if you provide any questions, comments, suggestions, ideas, designs, photographs, information, advertisement, feedback, data or proposals, including ideas for new or improved content, services, features, technologies or promotions, or other information regarding the Site or Content (“Submissions”), you authorise us to use these Submissions without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable licence to use the Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. These Submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of ASDV Bonaparte. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. ASDV Bonaparte and his affiliates shall have no obligations with respect to such submissions and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

5. Third-Party Sites and Content

The Site may contain links to third-party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties that are not owned or controlled by ASDV Bonaparte. ASDV Bonaparte has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, ASDV Bonaparte will not and cannot censor or edit the content of any third-party site. Inclusion of, linking to, or permitting the use or installation of any third-part site or any third-party content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the third-party sites or to use or install any third-party content, you do so at your own risk, and you should be aware this Agreement no longer governs. By using the Site, you expressly relieve ASDV Bonaparte from any and all liability arising from your use of any third-party website or content.

6. Site Management, Modifications and Interrruptions

We reserve the right, but not the obligation, to:

Monitor the Site for violations of this Agreement;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in this Agreement will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

7. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITE OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE SITE, CONTENT, USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ASDV BONAPARTE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SITE. ASDV BONAPARTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITES, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASDV BONAPARTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL ASDV BONAPARTE, HIS LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, CONTENT, OR THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU AGREE THAT THE MAXIMUM TOTAL LIABILITY OF ASDV BONAPARTE, HIS LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT, IF ANY, RECEIVED BY ASDV BONAPARTE FROM YOU TO ACCESS THE SITE AND/OR USE THE SITE. IF YOUR USE OF THE SITE, SERVICES AND/OR GOODS RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Indemnity

You agree to defend, indemnify and hold harmless ASDV Bonaparte from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to reasonable attorneys’ fees) arising from:

Your use of and access to the Site;
Your violation of any term of this Agreement;
Any breach of your representations and warranties set forth in this Agreement;
Your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or
Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. This defence and indemnification obligation will survive this Agreement and your termination of use of the Site.

10. Termination Policy

You may terminate your use of the Site at any time. Without limiting any other provision of this Agreement, ASDV Bonaparte reserves the right to, in his sole discretion and without notice or liability, terminate this Agreement, or suspend or terminate your access to the Site (including blocking certain IP addresses), at any time, for any or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in this Agreement or of any applicable law or regulation. If ASDV Bonaparte suspects that you have violated any provision of this Agreement, ASDV Bonaparte may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to use of the Site, even after you have stopped using the Site.
ASDV Bonaparte reserves the right to decide whether Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material.

11. Users Under 13 Years of Age

The Site is not directed to persons under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at info@asdvbonaparte.nl. We do not knowingly accept, request, or solicit personal information from children under the age of 13. If we become aware that a child under the age of 13 has provided us with personal information without the requisite and verifiable parental consent, we take steps to remove such information as quickly as is reasonably practical in accordance with the U.S. Children’s Online Privacy Protection Act. By using the Site, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to access the Site and must immediately leave or delete it from your devices if applicable.

12. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ASDV Bonaparte without restriction.

13. Governing Law

These conditions are governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. ASDV Bonaparte and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Amsterdam, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the Netherlands, or in the EU country in which you reside.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS WE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 14 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY COURT TRIAL OR CLASS ACTION.

14. AGREEMENT TO ARBITRATE

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ASDV BONAPARTE’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and ASDV Bonaparte concerning the Site or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

14.1. Notice of Dispute and Informal Negotiations

In the event of a dispute, you or ASDV Bonaparte must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info@asdvbonaparte.nl. ASDV Bonaparte will send any Notice of Dispute to you by post to your address if we have it, or otherwise to your email address. You and ASDV Bonaparte will attempt to resolve any dispute through informal negotiation for at least sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or ASDV Bonaparte may commence arbitration.

14.2 Binding Arbitration

If you and ASDV Bonaparte don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge. Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Amsterdam, Netherlands. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the Netherlands. Judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Dutch law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

14.3 Prohibition of Class and Representative Actions and Non-Individual Actions

You and ASDV Bonaparte agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and ASDV Bonaparte agree otherwise. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding. Also the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other ASDV Bonaparte’s users.

14.4 Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

15. Severability

This Agreement, together with the Privacy Policy and any other legal notices published by ASDV Bonaparte on the Site, shall constitute the entire agreement between you and ASDV Bonaparte concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ASDV Bonaparte’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. You agree that this Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. YOU AND ASDV BONAPARTE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Privacy Policy

Please read our Privacy Policy for information regarding how we collect, use, and disclose your personal information, protect your privacy when you use the Site, and comply with the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, “Privacy Shield”), and the California Consumer Privacy Act (“CCPA”).

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the Netherlands. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Netherlands, then through your continued use of the Site, you are transferring your data to the Netherlands, and you agree to have your data transferred to and processed in the Netherlands. You acknowledge and agree that ASDV Bonaparte has your prior written authorization to respond to any access and deletion requests we receive from your subscribers made under the GDPR and CCPA, and we may direct any such subscribers to you so that you can respond to the request.

17. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. Force Majeure

In the event ASDV Bonaparte is unable to perform its obligations or provide the Site under the terms of this Agreement because of acts of God (including, but not limited to, severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions), strikes or labour disputes, war, riots, acts of terrorism, epidemics, pandemics, acts of governmental authorities (including but not limited to government directives, expropriation, condemnation, and changes in laws and regulations), interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services, or other causes reasonably beyond ASDV Bonaparte’s control, ASDV Bonaparte shall not be liable for any costs or damages resulting from ASDV Bonaparte’s failure to perform its obligations under the terms of this Agreement, provide the Site, or otherwise, from such causes. However, nothing in this section will affect or excuse your liabilities or your obligations under this Agreement.

19. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

20. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

21. Contact Us

If you have questions or comments about this Agreement, to report any violations or abuse of the Site, or to resolve a complaint regarding the Site, please contact us at info@asdvbonaparte.nl.