This Agreement is between you and the Reis Europe Information Systems - private limited liability company ('REIS SPRL').
Use of the Barcode Robot, consisting of the web-sites hosted under BarcodeRobot.com domain and access to the Barcode Robot URL ('Website'), signifies your agreement to the terms and conditions of access and use set forth herein (hereinafter referred to as the "Agreement").
YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE BARCODE ROBOT AND/OR WEBSITE.
1. You acknowledge that you have read this Agreement and that you accept the terms thereof. If you do not agree to all of the terms and conditions of this Agreement, you may not access or otherwise use the Barcode Robot software and Website.
2. Your right to access Website is contingent upon your membership. If, at any time, you cease to be a participant in good standing in Barcode Robot membership program or the program of affiliate companies or partners, your right to access the Website will terminate and further access will be denied.
3. The REIS SPRL reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website.
4. The REIS SPRL may monitor your use of the Website.
5. The Barcode Robot and Website are protected by copyright pursuant to EU copyright laws, international conventions and treaties and other copyright laws. The REIS SPRL may place certain materials on the Website relating to the REIS SPRL and its business and/or relating to the Website (hereinafter referred to as the "Materials"). All Materials contained on the Barcode Robot and Website are protected by copyright laws and international conventions and treaties, and are owned or controlled by the REIS SPRL or by the party credited as the owner or provider thereof. You agree to honor any and all copyright notices and any other restrictions contained in the Materials.
6. You may access the Barcode Robot and Website for internal business or educational purposes only. Any other use of Barcode Robot or Website is strictly prohibited.
7. You may not modify or reverse engineer the Barcode Robot or Website.
8. If the REIS SPRL publishes a list of system requirements and/or compatible equipment for use in conjunction with the Barcode Robot or Website, such list neither constitutes an endorsement of such equipment, nor any warranty or representation that the equipment will function to your satisfaction.
9. Because the REIS SPRL has no control over equipment that is manufactured and/or distributed by third parties, your use of equipment is solely your responsibility and the REIS SPRL shall not be responsible for any defects, malfunctions or any other problems that may arise in your use of equipment.
10. The REIS SPRL may change, suspend or discontinue any aspect, feature or database of the Barcode Robot or Website at any time, without prior notice. The REIS SPRL may also impose limits on certain services or features or restrict your access to any of the Materials without providing prior notice or incurring any liability.
11. You represent, warrant and covenant that: (a) you shall not upload, post, transmit to, distribute or otherwise publish through the Website any communication or any part thereof which: (i) restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) violates, plagiarizes or infringes the rights of the REIS SPRL or any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; or (vi) constitutes or contains false or misleading statements of fact or indications of origin; and (b) you are at least eighteen years of age and are legally competent to enter into this Agreement.
12. The Barcode Robot and Website may contain links to other World Wide Web Internet sites. Links to and from the Barcode Robot or Website and any other site do not constitute an endorsement by the REIS SPRL of such site, or of its owner or provider, or of any products or services offered for sale thereby or information contained thereon.
13. YOU ACKNOWLEDGE THAT YOUR USE OF THE BARCODE ROBOT AND WEBSITE IS AT YOUR OWN RISK.
14. You agree to indemnify, defend and hold the REIS SPRL, and all its officers, directors, owners, agents, employees and affiliates (hereinafter referred to collectively as the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or any of the foregoing representations, warranties and covenants, or in connection with any claim arising out of any transaction offered or made via the Barcode Robot or Website, including, with
out limitation, attorneys fees and costs. Furthermore, you release the Indemnified Parties from any claims, demands and/or damages, actual or consequential, of every kind and nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to any transaction instituted or made via the Barcode Robot or Website. You shall cooperate as fully as reasonably required in the defense of any claim. The REIS SPRL reserves the right to assume the exclusive defense and control f any matter subject to indemnification by you.
15. THE BARCODE ROBOT AND WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSIBLE THERETHROUGH, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE REIS SPRL MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR OR RELATING TO ANY OF THE MATERIALS, OR RELATING TO ANY LINKS TO OTHER SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION TO OR THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHERMORE, THE REIS SPRL DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REIS SPRL DOES NOT WARRANT THAT THE WEBSITE OR THE OPERATION THEREOF WILL BE UNINTERRUPTED, OR THAT THE MATERIALS WILL BE ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16. YOU AGREE THAT NEITHER REIS SPRL NOR ANY OF ITS EMPLOYEES, AGENT OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, RESULTING FROM THE USE OR THE INABILITY TO USE THE BARCODE ROBOT OR WEBSITE (WHETHER OR NOT ANY SUCH INABILITY TO USE THE WEBSITE ARISES FROM ANY ACTION OR NEGLIGENCE OF THE REIS SPRL), OR FROM ANY ERRORS CONTAINED IN THE MATERIALS EXCHANGED OR OTHERWISE TRANSFERRED ON OR THROUGH THE BARCODE ROBOT AND WEBSITE, OR FOR ANY TRANSACTION MADE ON THE WEBSITE, OR ARISING FROM ANY OTHER MATTER RELATING TO THE BARCODE ROBOT OR WEBSITE.
17. You acknowledge that communications to and from the Website are not confidential. You furthermore acknowledge that by submitting a communication to the Website, no confidential, fiduciary, contractually implied or other relationship is created between you and the REIS SPRL, other than as set forth in this Agreement.
18. This Agreement shall be governed by and construed in accordance with the laws of Belgium, without regard to conflicts of laws provisions.
The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate court located in Nivelles district, Belgium.
19. This Agreement constitutes the entire agreement between you and the REIS SPRL with respect to your access and use of the Barcode Robot and Website. Any cause of action you may have with respect to your access and use of the Barcode Robot or Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect.