Terms & Conditions

Terms & Conditions
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.
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.
Links to Other Materials
The Website may contain links to sites owned or operated by independent third parties. These links are
provided for your convenience and reference only. We do not control such sites and, therefore, we are not
responsible for any content posted on these sites. The fact that the Operators offer such links should not
be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the
companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation,
sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to
by the Website, you do this entirely at your own risk. Because some sites employ automated search
results or otherwise link you to sites containing information that may be deemed inappropriate or
offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or
decency of material contained in third party sites, and you hereby irrevocably waive any claim against us
with respect to such sites.
Notification Of Possible Copyright Infringement
In the event you believe that material or content published on the Website may infringe on your copyright
or that of another, please contact us.