THESE TERMS CONTAIN AN ARBITRATION PROVISION AND REQUIRE THAT ANY CLAIM BE BROUGHT IN AN INDIVIDUAL CAPACITY.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE ARBITRATION PROVISION BELOW.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE THAT CANNOT BE ALTERED BY THESE TERMS. IF THERE IS A CONFLICT BETWEEN THOSE UNALTERABLE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
General. The Connectory Website provides information about the Chicago Connectory, images, graphics, data and other information (collectively, “Materials”), membership information and services provided at the Chicago Connectory (collectively, “Services”).
Changes. These Terms may change from time to time.
When accessing the Connectory Website or through other means of notice as provided in the Notices section below, you may be invited to review and accept material changes to these Terms. Your continued access to and use of the Connectory Website,after we make changes, is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Bosch is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.
Access to Services.
Other Terms and Conditions
Additional terms and conditions may apply to Services and to specific portions or features of the Connectory Website, all of which terms are made part of these Terms by this reference. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Connectory Website or for any Service offered through the Connectory Website, the latter terms shall control with respect to your use of that portion of the Connectory Website or the specific service.
Bosch’s obligation, if any, with regard to the Services offered through the Connectory Website are governed solely by the agreements pursuant to which they are provided, and nothing on this Connectory Website should be construed to alter such agreements.
Third Party Connectory Website Links and Referrals.
Disclosure of Information.
Submissions. You may voluntarily choose to, or Bosch may invite you to submit feedback, information, data, text, software, messages, or other materials, including but not limited to reviews of Bosch products and services (each, a “Submission”). You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted.
By submitting any Submission, you represent and warrant that:
By submitting a Submission, you grant to Bosch and its affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
We may, but are not obligated to, pre-screen Submissions or monitor any area of the Connectory Website through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through the Connectory Website and may remove at any time or refuse any Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Submissions. Further, you agree that we may freely disclose your Submission to any third party without restriction on use or disclosure
Ownership and Intellectual Property
Bosch Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, and trademarks in Connectory Website, including Materials, and the Services are owned by Bosch or its affiliates or our licensors. Your possession, access, and use of the Connectory Website, including Materials, and the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Bosch and its affiliates and licensors reserve all rights not granted in these Terms. You may not use the content of the Connectory Website, including Materials, and/or the Services in any other public or commercial way, nor may you copy or incorporate any of the content of the Connectory Website, including Materials, into any other work, unless written authorization is provided to you by Bosch.
Unless otherwise specified, all trademarks on the Connectory Website, as well as all other Bosch Connectory Websites, are protected under trademark law. This applies to all Bosch trademarks, service marks, typefaces, company designs, logos, slogans, trade dress and emblems (collectively, “Marks”). You agree not to copy, use or otherwise infringe upon these Marks and design elements. Bosch Connectory Websites may also contain other product, service and/or company names which may be the trademarks of their respective owners.
You agree to defend, indemnify and hold Bosch and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Connectory Website, including Materials, (ii) your violation of these Terms, and (iii) your violation of any law or the rights of any third party. Bosch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bosch and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Bosch’s prior written consent. Bosch will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Our Warranties, Disclaimers and Limitation of Liability.
IN NO EVENT WILL BOSCH BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH (i) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (ii) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (iii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (iv) any personal or BODILY INJURY, DEATH, PROPERTY DAMAGE; (v) ANY INTERRUPTION, DELAY, FAILURE, DISRUPTION, DOWNTIME, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF SERVICES; OR (vi) ANY THIRD PARTY SERVICES OR CONTENT.
Copyright Claims and Designated Agent.
It is the policy of Bosch to respond to claims of intellectual property infringement. Bosch will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512c2 DMCA and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider‘s Designated Agent. Notification must be submitted to the following Designated Agent for the Connectory Website:
To be effective, the notification must be written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party 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;
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Designated Agent:
If a counter-notice is received by the Copyright Agent, Bosch may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or you, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bosch’s sole discretion.
Except as otherwise provided in these Terms, these Terms and all disputes between you and Bosch (collectively, the “Parties”) arising out of or relating to the Connectory Website or the Services shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts-of-law provisions.
Binding Arbitration and Class Action Waiver
Arbitration. THE PARTIES AGREE THAT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN THE PARTIES (OR THEIR REPRESENTATIVES, SUCCESSORS, AFFILIATES, OR INSURERS) WILL BE RESOLVED ON AN INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH BELOW.
This means that the Parties are each waiving the right to a trial by jury or to participate in a class action; instead, the Parties’ claims will be heard and decided by a neutral arbitrator. Each of the Parties has the right to apply to any court of competent jurisdiction for interim relief necessary to preserve the Party’s rights, including pre-arbitration injunctions, and such request will not be deemed incompatible with, or a waiver of, this ADR Agreement. As an exception to the agreement to arbitrate, you may pursue an individual claim in small claims court in Oakland County, Michigan, if the amount of your claim does not exceed the applicable small claims court limitation.In such case, the rules and limitations of the small claims court will apply.
Waiver of Class Action.THE PARTIES AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless the Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver provision is deemed unenforceable, the Parties agree that the entirety of this ADR Agreement will be null and void.
Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be conducted by three arbitrators and in accordance with the AAA’s Commercial Arbitration Rules (“AAA Rules”) then in effect, except as modified by this ADR Agreement.
Within 14 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.
The Parties agree that the arbitrators, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this ADR Agreement, including any claim that all or any part of this ADR Agreement is void or voidable.
The arbitrators will also be responsible for determining all threshold arbitrability issues, including issues relating to whether the ADR Agreement are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
The Parties agree and acknowledge that this ADR Agreement evidences a transaction involving interstate or international commerce and that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., will govern its interpretation and enforcement and proceedings pursuant thereto.
It is the intent of the Parties that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law
Arbitration Decision. The arbitrators’ decision will be final and binding on the Parties. The arbitrators’ decision and judgment thereon will have no precedential or collateral estoppel effect.
The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute.
Judgment on the award rendered by the arbitrator will be binding and final, and may be entered in any court having jurisdiction. Except as may be required by law, neither the Parties nor their counsel nor the arbitrator may disclose the existence, content, or results of any arbitration under this ADR Agreement without the prior written consent of both Parties.
Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Bosch without restriction.
Any attempted assignment by you will be null and void.
Any delay in the availability of the Connectory Website or non-performance of the Connectory Website shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of Bosch or its service providers.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [(312) 505-7567] or email us at [email@example.com/stuttgart]
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