Last modified: July 21, 2018
By using our Service, you express your unconditional agreement with this Policy and the conditions of processing the personal data contained herein. If you do not accept this Policy, do not use our Service or provide any personal information to us.
NOTICE TO USERS’ OBJECTS: If you use the Neuton Service to interact with other individuals, such as your customers or potential customers (the “User’s Objects”), you are solely responsible for ensuring compliance with all applicable laws in connection with the collection and/or processing of personal data of the User’s Objects. If you are a User’s Object please note that the Company has no relationship with you whatsoever and its only relation is with the Subscriber with whom you may interact. For any questions regarding the collection of your personal data or to amend your personal data, and for all other reasons, you must contact the Subscriber.
International Transfer of Personal Data
The Company is a global company, based in the United States. As such, we may transfer and access such Personal Data from around the world, including from other countries. In transferring your Personal Data, we will rely on lawful measures to transfer your Personal Data outside the EEA and Switzerland. If you are visiting the Neuton Service from the EEA or other regions with laws governing data collection and use, please note that by providing this Personal Data, you acknowledge that your Personal Data may be transferred to the United States and other jurisdictions in which we operate.
Information Collection and Use
The Company gathers two types of information: (1) personally identifiable information that is supplied voluntarily upon registration for Neuton Service, ordering products from Neuton website/Service, submitting data through the Neuton Service, or when you enter certain other areas of the Company’s websites and (2) aggregate tracking and site usage information that is gathered automatically when you use the Neuton Service. It is Company’s policy to use the personally identifiable information acquired at Company’s websites for internal business uses only and to provide content, products and Neuton Service. The Company operates and maintains a variety of online security measures to safeguard and keep personal data private.
Information That You Provide to Us
When you register for an account to access or utilize Neuton Service (an “Account”), we ask for and may collect personal information about you such as your name or your company, address, phone number, email address, credit card or other payment method information (collectively, an “Account Information”). By providing us with Account Information, you represent that you are the owner of such personal data or otherwise have the requisite consent to provide it to us.
The Company only collects "sensitive" personal information when you voluntarily provide us with this information or where such information is required or permitted to be collected by law or professional standards. Sensitive information includes personal information regarding a person's race, ethnicity, political, philosophical religious or similar beliefs, trade union membership, physical or mental health, sexual life, sexual orientation, or criminal record. Please use your discretion when providing sensitive information to the Company, and under any circumstances, do not provide sensitive information to the Company, unless you thereby consent to the Company’s use of that information for its legitimate business purposes and consent to the transfer and storage of such information to and in the Company’s databases. If you have any questions about whether the provision of sensitive information to the Company is, or may be, necessary or appropriate for particular purposes, please contact us at firstname.lastname@example.org.
Data Submitted by You
We may also use the materials you submit through the Neuton Service, such as data, to improve the Neuton Service, including its algorithms. All such data is anonymized. We shall not use such data for any other purpose, including for purposes of advertising.
Third Party Services
Automatic Collection of Personal Information
An IP address is a number assigned to your computer or internet-enabled device whenever you access the internet. It allows computers and servers to recognize and communicate with one another. IP addresses from which visitors appear to originate may be recorded for IT security and system diagnostic purposes. This information may also be used in aggregate form to maintain and improve Neuton Service and to generate and analyze statistics about Neuton Service and your use of Neuton Service.
Cookies are text files put on your computer to collect standard internet log information and visitor behavior information. This information is then used to track visitor use of the website and to create statistical reports on website activity. The detailed description of cookies used on our site can be found here: neuton.ai/cookies.
You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. Please note in a few cases some Neuton Service features may not function because of this.
BY ACCESSING OR USING NEUTON SERVICE, YOU AGREE THAT WE, OR A THIRD PARTY ACTING ON OUR BEHALF, CAN PLACE THESE COOKIES ON YOUR COMPUTER OR INTERNET ENABLED DEVICE.
A web beacon is a small image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type, and the existence of cookies previously set by the same server. We only uses web beacons in accordance with applicable laws.
How We Use Information That We Collect
We may use the information we collect about you (including personal information, to the extent applicable) for a variety of purposes, including to (a) provide, operate, maintain, improve, and promote Neuton Service; (b) enable you to access and use Neuton Service; (c) process and complete transactions; (d) provide customer service and support and send you related notices; (e) send promotional communications; (f) process and deliver contest or sweepstakes entries and rewards; (g) monitor and analyze trends, usage, and activities in connection with Neuton Service and for marketing or advertising purposes; (h) monitor and assess compliance with our policies and standards; and (i) for other purposes for which we obtain your consent. With regard to newsletters, updates and other general communications, we will - where legally required – only provide you with such information if you have opted in. You have the opportunity to opt out of receiving such communications at any time
Legal Basis for Processing (EEA only)
If you are an individual from the European Economic Area (EEA), we use your personal data, we may process your personal data on one or more of the following legal grounds: (i) because processing is necessary to perform a contract with you, such as to deliver Neuton Service; (ii) to comply with our legal obligations; (iii) because processing is necessary for purposes of our legitimate interest or those of any third party recipients that receive your personal data, provided that such interests are not overridden by your interests or fundamental rights and freedoms. We may also process your data based on your consent where you have expressly given that to us.
How We Share the Information That We Collect
We share information, including personal information, with our third-party service providers that we use to provide hosting for and maintenance of Neuton Service. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us.
We may share your personal data with courts, law enforcement authorities, regulators or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms and conditions, or as otherwise required by law.
We may share your personal data with any third party to whom we assign or novate any of our rights or obligations, or that acquires all or substantially all of our business, stock or assets, or with whom we merge.
We may also instruct service providers, to process personal data for the Permitted Purposes on our
behalf and in accordance with our instructions only. We will retain control over and will remain
fully responsible for your personal data and will use appropriate safeguards as required by
applicable law to ensure the integrity and security of your personal data when engaging such service
We may also use aggregated personal data and statistics for the purpose of monitoring website usage in order to help us develop our website and our services.
We will otherwise only disclose your personal data when you direct us or give us permission to do so, when we are required by applicable law or regulations or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities.
Where we rely on your consent to process the personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our (or a third party’s) legitimate interests which are not already described in this Notice, we will make clear to you at the relevant time what those legitimate interests are.
If you have any questions about or need further information concerning the legal basis, on which we collect and use your personal information, please contact us at email@example.com.
How Long We Retain Your Personal Information
We will retain your personal information for as long as is needed to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. For personal information that we process on behalf of our Subscribers, we will retain such personal information in accordance with the terms of our agreement with them, subject to applicable law.
Your Privacy Rights Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at firstname.lastname@example.org. Subscribers may update or change their Account Information by editing their profile within Neuton Service. To make a request to have personal information maintained by us returned to you or removed, please email email@example.com. Requests to access, change, or remove your information will be handled within thirty (30) days; provided that, notwithstanding such request, this information may be retained for as long as you maintain an account for Neuton Service, or as needed to provide you with Neuton Service, comply with our legal obligations, resolve disputes and enforce our agreements.
Additional Rights for EEA and Certain Other Territories
If you are from certain territories (such as the EEA), you may have the right to exercise additional rights available to you under applicable laws, as follows:
What is a Subject Access Request?
This is your right to request a copy of the information that we hold about you. If you would like a copy of some or all your personal information, please contact us at firstname.lastname@example.org. We will respond to your request within thirty (30) days of receipt of the request. We want to make sure your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate by email@example.com. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request
Objections to Processing of Personal Data
It is your right to lodge an objection to the processing of your personal data if you feel the “ground relating to your particular situation” apply. The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defense of a legal claims. To invoke this right, please contact us at firstname.lastname@example.org. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
It is also your right to receive the personal data which you have given to us, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without delay from the current controller if:
(a) The processing is based on consent or on a contract, and
(b) The processing is carried out by automated means. To invoke this right, please contact us at email@example.com. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
Your Right to be Forgotten
Should you wish for us to completely delete all information that we hold about you for, contact us at firstname.lastname@example.org. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. If you feel that your personal data has been processed in a way that does not meet the GDPR, you have a specific right to lodge a complaint with the relevant supervisory authority. The supervisory authority will then tell you of the progress and outcome of your complaint.
California Privacy Rights
We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by California law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.
Policy Regarding Children
Neuton Service is not directed to children under the age of thirteen and we do not knowingly collect personally identifiable information from children under the age of thirteen as part of Neuton Service. If we become aware that we have inadvertently received personally identifiable information from a User under the age of thirteen as part of Neuton Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of Neuton Service.
If we change the Policy, we will post the revised Policy here with an updated revision date. Please check frequently the Site to see if the Policy is changed. If we make significant changes to our statement, we also may, but are not obliged to, notify all members whose Personal Data we have retained by means such as sending an email or posting a notice on our Site. Your continued use of Neuton Service constitutes your acceptance of all such changes and amendments. Your sole remedy is to cease using Neuton Service.
If you have any questions regarding this Policy or information we hold about you, you may contact us at email@example.com. In order for us to take the appropriate action, please describe in reasonable detail the nature of your request or inquiry.
Last modified: July 21, 2018
Welcome to Neuton!
1. Notice Specific to Content Available on the Site
Unless otherwise specifically noted, the information, content, data, text, graphics, images, audios, videos, models, documents and other materials made available through the Site (“Content”) are and shall remain the property of Bell Integrator, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, solely for so long as you are permitted by Bell Integrator to access the Site and use the Service, and provided that you keep intact all copyright and other proprietary notices, you may (i) view any Content on any single computer solely for personal, informational, non-commercial purposes, and (ii) download and print the materials that Bell Integrator specifically makes available for downloading (such as white papers or user documentation) from this Site solely for personal, informational, non-commercial purposes, provided that such Content may not be modified or altered in any way. Elements of the Site design and layout are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Bell Integrator.
2. Use of the Neuton Service
Neuton is a powerful neural network service providing advanced algorithms and tools for building, training and deploying/downloading models. Our Service supports execution of recognition, classification, forecast, clusterization tasks based on cutting-edge machine learning technology. You may use our Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By using the Service, you agree not to engage in any of the following prohibited activities: (a) misusing our Service; (b) interfering with our Service or trying to access it using a method other than the interface and the instructions that we provide; (c) using any automated systems, including “robots,” “spiders,” “offline readers,” etc., to access the Service; (d) transmitting spam, chain letters, or other unsolicited email to our through the Service; (e) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (f) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (g) uploading invalid data, viruses, worms, or other software agents through the Service; (h) using the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (i) using the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (j) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; or (k) use the Service in any way that violates these Terms.
Bell Integrator reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). We may suspend or stop providing our Service to you if you do not comply with our Terms or if we are investigating suspected misconduct. The Service is not available to any Customers previously removed from the Service for violation of law or any of our policies by Bell Integrator.
3. Account Setup
PLEASE BE AWARE THAT YOU MUST PROVIDE COMPLETE AND ACCURATE INFORMATION TO OUR PAYMENT PROCESSOR OR YOUR PAYMENT MAY BE AFFECTED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES.
You further agree (a) not to provide your password to anyone who is not your agent, and (b) to ensure all individuals permitted to use your account information are aware of and have agreed in writing to comply with these Terms.
4. License to Use the Service
License. Subject to these Terms and any applicable payment, Bell Integrator grants you a revocable, limited, non-transferable, non-exclusive license to access and use the Service for your own use. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Service, ownership of which is retained by Bell Integrator. All updates to the Service are governed by these Terms.
Compliance. In addition to the requirements set out in Section 2, you agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Service. You warrant that you have obtained sufficient consent and rights (i) to access any third party or end user’s systems or networks, and (ii) to access, use and store all data and files on the Bell Integrator systems or otherwise use via the Service such data and information. You may not access or use the Service if you are a competitor of Bell Integrator, except with our prior written consent. You may not access or use the Service for the purposes of monitoring performance, availability, functionality, or for any benchmarking or competitive purposes.
5. Protection of Service Data; Security & Privacy; Confidentiality
Bell Integrator will maintain reasonable administrative, physical, and technical safeguards for protection of the security and confidentiality and integrity of Service Data transmitted through the Service. For purposes of these Terms, Service Data refers to means electronic data, text, messages, communications or other materials submitted to and stored within the Service by you and your own users in connection with the User’s use of the Service, which may include, without limitation, Personal Data, which shall mean any information relating to an identified or identifiable natural person. This might be by reference to an identifier such as a name, ID number, location data or online identifier, or by factors specific to them, such as their physical, genetic, economic or social identity. Notwithstanding the foregoing, as between Bell Integrator and you, you are solely responsible for ensuring compliance with all applicable laws in connection with the collection and/or processing of Personal Data of your own users.
To the extent, Service Data constitutes Personal Data, you shall be deemed to be the data controller and Bell Integrator shall be deemed to be the data processor as those terms are understood under the Data Protection Regulations. Under no circumstances will Bell Integrator be deemed a data controller with respect to Service Data under Data Protection Regulations or any relevant law or regulation of any Member State as defined in Data Protection Regulations. For purposes of these Terms, Data Protection Regulations refer to EU Regulation 2016/679 (GDPR) (and any applicable national laws made under it) if the Subscriber is established in an European Economic Area (“EEA”) member state or where your own users access the Service from an EEA member state or the Swiss Federal Act of 19 June 1992 on Data Protection (as may be amended or superseded) if the Subscriber is established in Switzerland. By agreeing to these Terms, you grant Bell Integrator a general authorization in the meaning of Article 28 (2) of GDPR engage processors for the purposes of providing the Service. Bell Integrator will inform you of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in these Terms.
6. Bell Integrator Intellectual Property Rights
The Neuton website and Service is owned and operated by Bell Integrator. All components of the Neuton website and Service, including, without limitation the artwork, text, graphics, photographs, videos, sounds, visual interfaces, graphics, design, logos, trademarks, services marks, trade dress, content, compilation, algorithms, computer code, products, software, documents, and other material contained or presented on the Neuton website, the registered user login details and profile, and any combination thereof (“Material”) are protected by copyright, trademarks, trade secrets, patents, and other intellectual property laws and other applicable laws worldwide. Any unauthorized use, reproduction or modification of this Neuton website and Service may violate such laws. Bell Integrator, business partners and licensors own all right, title and interest, including all copyright, trademark, trade secrets, patent, and other intellectual property rights in such Material. Use of the Material for any purpose not expressly permitted by these Terms is strictly prohibited.
Certain aspects of the Neuton service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Bell Integrator may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Bell Integrator cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. Copyright Infringements
Bell Integrator respects the intellectual property rights of third parties and wants to ensure that the Neuton website does not contain any material that infringes the copyright of a third party. If you believe that material that violates your copyright rights is posted on the Neuton website, please contact us. Bell Integrator will respond to notices of alleged infringement that comply with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”).
11. Third-Party Links
13. Warranty Disclaimer
YOU USE THE SERVICE AT YOUR OWN RISK. SERVICE IS PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION OR ANY OTHER ASPECT OF THE SERVICE OR CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
14. Disclaimer of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BELL INTEGRATOR OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (AND WITH RESPECT TO FREE ACCOUNTS FOR ANY DIRECT DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF BELL INTEGRATOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BELL INTEGRATOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF MONEY THAT YOU HAVE PAID TO BELL INTEGRATOR IN THE PRECEDING SIX MONTHS PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN BELL INTEGRATOR AND RECEIVED THROUGH OR ADVERTISED ON OR THROUGH THE SERVICE. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BELL INTEGRATOR’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY BELL INTEGRATOR, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY BELL INTEGRATOR.
ANY CLAIMS OR DAMAGES THAT YOU MAY HAVE AGAINST BELL INTEGRATOR SHALL ONLY BE ENFORCEABLE AGAINST BELL INTEGRATOR AND NOT ANY OTHER ENTITY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS.
15. Electronic Communications
By using the Service, you consent to receiving electronic communications from Bell Integrator. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with Bell Integrator. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. Service Limitations
Bell Integrator uses commercially reasonable efforts to make the Service available seven (7) days a week twenty-four (24) hours a day. However, Bell Integrator cannot not guarantee that the Service will be uninterrupted or available at all times. We will use commercially reasonable efforts to provide twenty-four (24) hour advance notice to you in the event of any scheduled downtime. We reserve the right to suspend or terminate access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of the Service or the use of the Service by other customers or if you violate any of these Terms.
17. Dispute Resolution and Arbitration; Class Action Waiver.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Jose, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.
The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Santa Clara County, California.
The parties agree that they shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, the parties agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
This provision shall survive the termination of these Terms.
If you breach any of the provisions of these Terms, Bell Integrator, in its sole discretion, may terminate your access to the Service, and any account that you may have with the Service. Bell Integrator may, in our sole discretion, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Service, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Service. Accessing the Service after such termination, suspension, or discontinuation shall constitute an act of trespass.
These Terms shall be governed by and interpreted in accordance with the laws of the State of California exclusively. You agree that conflicts of laws principles of such laws, the Uniform Computer Information Transactions Act, and the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are excluded in their entirety from application to these Terms. Neither these Terms nor any rights or obligations of you hereunder may be assigned by you in whole or in part without the prior written approval of Bell Integrator. Any assignment in violation of the foregoing shall be null and void. If any part of these Terms is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the parties agree that the court should attempt effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. Bell Integrator shall not be liable for any delay in the performance hereunder due to causes beyond its control, including but not limited to an act of God, war or natural disaster. These Terms set forth the entire understanding and complete and exclusive statement of the agreement between Bell Integrator and you and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms. You have no third party beneficiaries to these Terms. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. Contact Us
If you have any questions regarding these Terms, contact us at firstname.lastname@example.org.