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TIMTERNATIONAL B.V. TERMS OF SERVICE AND LICENSE AGREEMENT
Last Modified: June, 2023
PLEASE READ THE FOLLOWING TERMS OF SERVICE AND LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, USING, ACCESSING THE INFORMATION, OR PURCHASING ANY PRODUCT OR SERVICE THROUGH ANY PART OF THE TIMTERNATIONAL B.V. WEBSITE OR SERVICES OR THE TIMTERNATIONAL B.V. MOBILE APPLICATION (IF AVAILABLE)
The following are the terms and conditions for use of and its related services, including any purchases made through the timternational.com platform (the "Website") and the Timternationalk B.V., Mobile Application (as applicable and if available) and its services (the "Application") (collectively the Website and the Application are referred to as the "Services"). The Services are owned and operated by Timternational B.V. ("Timternational," or "us," or "we").
By downloading or using the Application, accessing the Services, continuing to access the Services, purchasing any products through the Services, or submitting any information through the Services, and in consideration for the services Timternational B.V. provides to you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE SERVICES (the "Terms"). Use of the Services is offered to you conditioned on your compliance with and acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.
I. OVERVIEW
Timternational B.V. provides a platform through which people can discover new and alternative health, wellness or vitality solutions. We help you live your best life, every day.
Timternational B.V. does not guarantee any particular results of any kind through the use of the Services or any products or services sold through the Services. Please read our disclaimers concerning the content and products on the Website and Services.
II. REGISTRATION, ELIGIBILITY FOR SERVICES, PAYMENT, AND INFORMATION SUBMISSION
Registration. In order to utilize some of the Services' features, you must register and create an account. In order to create an account, you must complete the registration process by providing Timternational B.V.with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account. You agree to notify Timternational B.V. immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. Timternational B.V. reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Timternational B.V. in its sole discretion.
Payment. If you make any purchases through the Services, you agree to pay all applicable charges and fees for those purchases and to comply with the terms of the applicable payment processor. Unless otherwise stated, all prices are stated in U.S. Dollars.
Information Submission and Age Restriction. By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. Timternational B.V. does not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d) (of the Communications Decency Act), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Timternational B.V. reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on, or available through, the Application and Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes by email or other personal contact. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
IV. PROPRIETARY RIGHTS
Except for “User Content” and except as expressly provided for in the non-exclusive license contained in Section XI below, Timternational B.V. expressly reserves all right, title, and interest in and to the Services and the Services' content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
V. PURCHASES; AUTOMATIC BILLING AND RECURRING SHIPMENTS OF PRODUCT; AND REFUNDS
All purchases via the Services are subject to this Agreement and all other terms and conditions on the Website and Services.
Our products are intended to be purchased and used by the same individual(s). Purchase for resale is not allowed and is a breach of this Agreement. Any warranty or refund permitted under this Agreement, if any, is only available to the original purchaser from Timternational, and proof of your original purchase will be required prior to any warranty or refund permitted under this Agreement.
Product Availability: Product availability may be limited due to demand and other factors within and without of our control. Our Services may state that a certain quantity of a product is available; however, that number may not reflect the actual and available amount of product for purchase and shipment. While we hope this does not occur, should a product not be available for shipping, we will provide you with a refund in due course
Shipping: Shipping is currently available in the U.S. All shipments are processed and shipped via a third-party, and our responsibility for your shipment ends once the third-party carrier receives the product.
Automatic Billing and Recurring Shipments of Product.
Subscriptions. Timternational B.V. may offer certain services and products on a subscription, or recurring, basis. Under such a subscription purchase, you will be charged for the subscription service(s) or product(s) every period – for example, monthly, weekly, etc. as you chose during checkout -- until you cancel your subscription. Please review the specific terms of your subscription for more information.
Recurring Charges: If you purchased a product on a subscription or recurring basis, the payment method you selected at the time of purchase will be automatically charged at the amount and frequency you chose when you purchased the product or service UNTIL YOU CANCEL YOUR SUBSCRIPTION.
CANCELLING YOUR SUBSCRIPTION: The fastest way to cancel further delivery and charges for subscription-based product or service delivery is to use the member area of your account. You may also contact us at mail@timternational.com. Your request to cancel must by received by use at least fifteen (15) days before the next shipment date to avoid being charged for the next shipment.
Refund Policy: We hope you enjoy every product and service you try from Timternational. But if not, just tell us your order number and send back your unused supply to the address below in its original packaging for purchase verification purposes. We will process a refund within 7-10 days of receipt of your item and completion of purchase verification.
Timternational B.V..
Schrijnwerkerlaan 32, 3828XC Hoogland, The Netherlands
VI. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. In order to use our Services, you may be required to provide or use login information for third party websites. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party's services or account information must be resolved directly between user and the third-party. Timternational B.V. disclaims all warranties or representations regarding any third-party services and account information.
Timternational B.V., in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
VII. USER-GENERATED/THIRD-PARTY CONTENT
Overview. The Services may, from time to time, allow users and third-parties to upload, post, side-load, hotlink-to or otherwise transmit user-generated content, including, but not limited to, photos, videos, reviews, and other forms of data or communications ("User Content"). Additionally, the Services may include content licensed from third parties, such as articles concerning a healthy lifestyle (“Third-Party Content”).
User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, make available or otherwise transmit (collectively "Post") through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, misleading, infringes upon another party's intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate. Additionally, we are not responsible for Third-Party Content, and we expressly disclaim all liability for any claims arising out of or related to your reliance on any suggestion, recommendation, or other information presented in Third-Party Content.
License to Use Personal Data for the Services. The other provisions of these Terms notwithstanding, with respect to any Regulated Personal Data (as defined below) that makes up the whole or a part of User Content Posted or otherwise transmitted by you to Timternational B.V. the following conditions shall apply: (i) any licenses or intellectual property rights granted by you to Timternational B.V. under these Terms shall be in the form of a revocable, royalty-free, worldwide, non-exclusive license to use, store, copy, perform, display, and distribute such User Content for the purposes of providing the Services or otherwise in accordance with the purpose for which you transmit the Regulated Personal Data to us (each such grant, a "Limited License"), (ii) by posting you (a) represent and warrant that you have the right to grant such Limited License(s), (b) agree to refrain from Posting or otherwise transmitting to Timternational B.V. User Content that contains "special categories of personal data" as enumerated in Article 9(1) of the General Data Protection Regulation of the European Union (the "GDPR") (such data, "Sensitive Personal Data"), and (c) represent and warrant that any User Content that you do Post or otherwise transmit to Timternational B.V. shall not contain any Sensitive Personal Data. "Regulated Personal Data" means only that subset of "personal data" as defined in Article 4(1) of the GDPR ("Personal Data") of which the processing is actually regulated pursuant to Material and Territorial Scope provisions contained in Articles 2 and 3 of the GDPR.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Timternational B.V. a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Services, including anyone's reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Reviews. If you submit a review or rating of a customer, seller, affiliate, or other user of the Timternational B.V. Services (if ratings are available), you represent and warrant that your review is accurate and constitutes your opinion and not the opinion of Timternational B.V. or any other person. You are solely responsible for the content of your reviews. Do not submit false or defamatory reviews or rating.
Testimonials and Photographs. If you Post or otherwise transmit to Timternational B.V. a testimonial statement or photograph or video depicting your results using any service or product, you grant, and warrant and represent that you have the right to grant, Timternational B.V. a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Timternational B.V. advertising materials.
By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the service or product as directed, and that the testimonial accurately depicts your experience using the service or product.
If you no longer wish Timternational B.V. to use your written testimonial statement or photograph or video, please contact us as mail@timternational.com. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial. You are responsible for compliance with all laws, rules, and regulations concerning endorsement of any product.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Timternational B.V. is only a distributer, and not the publisher or speaker, of any User Content or Third-Party Content. As such, Timternational B.V. cannot be held liable for making available any User Content or Third-Party Content which may be false or inaccurate. Any information or opinions contained in the User Content or Third-Party Content made available through the services are those of their respective authors alone. Timternational B.V. does not guarantee the accuracy, completeness, or truthfulness of any User Content or Third-Party Content. Under no circumstances will Timternational B.V. be responsible for any loss or damage resulting from any person's reliance on any User Content or Third-Party Content.
Reservation of Rights. Subject to Section VIII below regarding the DMCA, and the last sentence of this paragraph, Timternational B.V. reserves the right to remove or not remove any User Content or Third-Party Content from the Services for any reason or no reason at all, in Timternational B.V.'s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content or Third-Party Content. Timternational B.V. reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content or Third-Party Content. Such reservations of rights provided in this paragraph shall not interfere with the rights of data of subjects, if any, under the GDPR.
Suggestions. By sending us any ideas, suggestions, documents or proposals concerning the Services ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Timternational B.V. and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
VIII. DIGITAL MILLENNIUM COPYRIGHT ACT
Timternational B.V. respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act ("DMCA"). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Timternational B.V.'s designated copyright agent in accordance with Title 17, United States Code, Section 512(c), by providing the following information:
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; and
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.
Notifications of claimed infringement should be forwarded to Timternational B.V.'s designated agent as follows:
Designated Agent
Timternational B.V.
SCHRIJNWERKERLAAN 32, 3828XC HOOGLAND, THE NETHERLANDS
Email: mail@timternational.com
The full legal name and physical address of the service provider is as follows:
Timternational B.V.
SCHRIJNWERKERLAAN 32, 3828XC HOOGLAND, THE NETHERLANDS
Email: mail@timternational.com
Alternate names the public may be likely to use to search for our designated agent include Timternational B.V., www.timternational.com, Timternational B.V..
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification. If you posted or submitted material to Timternational B.V. which Timternational B.V. removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Timternational B.V.'s designated agent listed above:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Timternational B.V. may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.
If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in ten (10) to fourteen (14) business days after our designated agent's receipt of the counter-notification, at our sole discretion.
Timternational B.V. reserves the right, in its sole discretion and in accordance with its Repeat Infringer Policy, to terminate accounts for users that are deemed to be repeat copyright infringers.
IX. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While Timternational B.V. attempts to provide all Services and Application features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of Timternational B.V.'s control. As a result, not all advertised features may be available to you at all times. Some of these conditions include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access to the Applications or some of its feature intermittent or unavailable. The Application and its features may not be available in some geographic locations.
Timternational B.V. is not liable, and expressly disclaims any representations or warranties, regarding access to the Services or Application through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Timternational B.V. does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Services or Application through your mobile device.
X. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Timternational B.V. does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the products or services made available through the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Timternational B.V.'s control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. Timternational B.V. disclaims any liability as a result of any user's inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, Timternational B.V. expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. Timternational B.V. does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Timternational B.V. does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Timternational B.V. be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Services.
THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TIMTERNATIONAL B.V. EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. TIMTERNATIONAL DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Medical Disclaimer
The information on this Website and Services, including Third-Party Content, has not been evaluated by the Food & Drug Administration, nor is it intended to diagnose, treat, prevent, mitigate, or cure any medical condition. The information on this Website and Services is not a substitute for a one-on-one relationship with a doctor or other qualified healthcare professional. The Website and Services do not contain medical advice. Timternational encourages you to make dietary and healthcare decisions based on your judgment and that of your doctor or other qualified healthcare professional, especially if you are pregnant, nursing, taking medication or have a medical condition. Information on this Website and Services is being shared for informational purposes only.
Do not stop any medication your doctor or healthcare provider may have provided without advising such professional.
XI. HYPERLINKS
A link from the Services to a non-Timternational B.V. website, including but not limited to a seller’s own website, does not mean that Timternational B.V. endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, we suggest you review the linked site's terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site.
We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Timternational B.V. expressly disclaims any liability related to such sites.
XII. INDEMNIFICATION
You agree to indemnify, hold harmless and defend Timternational B.V., its managers, members, directors, employees, agents, or affiliates (collectively the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, (iv) your unauthorized use of the Services, or (v) your purchase, sale, or use of any product or service purchased through the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XIII. LIMITATIONS OF LIABILITY
TIMTERNATIONAL B.V. WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF TIMTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, TIMTERNATIONAL B.V.'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY PRODUCTS SOLD THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES OR PRODUCTS.
XIV. TERM AND TERMINATION
You may terminate these Terms at any time by closing your account, discontinuing your use of the Services, uninstalling the Application, and providing Timternational B.V. with a notice of termination. Please review these Terms and our Privacy Policy for information about what we do with your account when terminated. We may terminate your account, suspend your ability to use certain portions of the Services and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Services, your User Content, other content on the Services, or any other related information. In the event of any termination of these Terms, any provisions by which their nature should continue following termination of these Terms shall so continue.
XV. PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION
The Services are governed by the Timternational B.V. Privacy Policy which is incorporated into these Terms by this reference. Please read the Privacy Policy before accessing the Services or providing any personal information through the Services.
By providing any personal or non-personal information to Timternational B.V. through the Services, or by using the Services, you automatically grant, and warrant and represent that you have the right to grant, Timternational B.V. a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in Timternational B.V.'s sole discretion, as permitted by our Privacy Policy.
Timternational B.V., and any third-parties to which Timternational B.V. provided your contact information, may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message, as permitted by our Privacy Policy. By providing Timternational B.V. your contact information, you agree to receive communications from Timternational B.V. or other third-parties who obtained your contact information from Timternational B.V. to the extent permissible in our Privacy Policy.
XVI. ADVERTISEMENTS
Timternational B.V. may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. You agree that Timternational B.V. may place advertising on the Services and you agree not to block such advertising.
XVII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Any use of our services by prohibited persons, will result in immediate account termination, user content removal, and if needed, notification to the US DOT/OFAC.
XVIII. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of Florida without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Florida law, rules, and regulations, Florida law, rules and regulations shall prevail and govern, except with respect to or other laws, rules and regulations governing the processing of Personal Data (such laws, rules and regulations, the "Applicable Data Laws"). Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Seminole County, Florida. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Timternational B.V. hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to Timternational B.V. must be sent to:
TIMTERNATIONAL B.V.
SCHRIJNWERKERLAAN 32, 3828XC HOOGLAND, THE NETHERLANDS
via first class or air mail or overnight courier, and are deemed given upon receipt.
XIX. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
Except if Applicable Data Laws require otherwise, the parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in Seminole County, Florida, subject to the laws of the State of Florida and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney's fees. Within fourteen (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 ten (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 American Arbitration Association.
All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
XX. MISCELLANEOUS
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties, with the exception of a separate written license agreement for certain products sold through the Website. If any of provision of these Terms conflict with Applicable Data Laws or are otherwise held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between Timternational B.V. and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.