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TERMS OF SERVICE

 

Last updated August 19, 2024

 

AGREEMENT TO OUR LEGAL TERMS

Spotlight is owned and operated by valenzelektron.com ( 'we', 'us', or 'our') .
If you have any questions or comments about these Terms of Service (TOS), please
contact us at hi@valenzelektron.com.

We operate the mobile application Spotlight (the 'App' ), as well as any other
related products and services that refer or link to these legal terms
(the 'Legal Terms') (collectively, the 'Services').

These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ('you'), and valenzelektron.com,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms from time to time. We will alert you about
any changes by updating the 'Last updated' date of these Legal Terms, and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users
who are minors in the jurisdiction in which they reside (generally under the age
of 18) must have the permission of, and be directly supervised by, their parent
or guardian to use the Services. If you are a minor, you must have your parent
or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

 

1. OUR SERVICES

The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may not use
the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content' ), as well as the trademarks, service marks, and
logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for
your personal, non-commercial use or internal business purpose only.

 

Your use of our Services

Subject to your compliance with these Legal Terms, including the PROHIBITED
ACTIVITIES ' section below, we grant you a non-exclusive, non-transferable,
revocable licence to:

 * access the Services; and
 * download or print a copy of any portion of the Content to which you have
   properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your request
to: hi@valenzelektron.com.

If we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.

 

Your submissions and contributions

Please review this section and the ' PROHIBITED ACTIVITIES ' section carefully
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ( 'Submissions'), you agree to
assign to us all intellectual property rights in such Submission. You agree that
we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or other
material ('Contributions'). Any Submission that is publicly posted shall also be
treated as a Contribution.

You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.

When you post Contributions, you grant us a licence (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part), and
exploit your Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your Contributions, and
to sublicence the licences granted in this section. Our use and distribution may
occur in any media formats and through any media channels.

This licence includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.

You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services or
making Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts, you:

 * confirm that you have read and agree with our ' PROHIBITED ACTIVITIES ' and
   will not post, send, publish, upload, or transmit through the Services any
   Submission nor post any Contribution that is illegal, harassing, hateful,
   harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening
   to any person or group, sexually explicit, false, inaccurate, deceitful, or
   misleading;
 * to the extent permissible by applicable law, waive any and all moral rights
   to any such Submission and/or Contribution;
 * warrant that any such Submission and/or Contributions are original to you or
   that you have the necessary rights and licences to submit such
   Submissions and/or Contributions and that you have full authority to grant us
   the above-mentioned rights in relation to your Submissions and/or
   Contributions; and
 * warrant and represent that your Submissions and/or Contributions do not
   constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party�s intellectual
property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any Contributions
at any time without notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we remove or edit
any such Contributions, we may also suspend or disable your account and report
you to the authorities.

 

Copyright infringement

We respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately refer to the 'COPYRIGHT
INFRINGEMENTS' section below.

 

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary;   (3) you have the legal capacity and you
agree to comply with these Legal Terms; (4) you are not under the age of
13;   (5) you are not a minor in the jurisdiction in which you reside , or if a
minor, you have received parental permission to use the Services ; (6) you will
not access the Services through automated or non-human means, whether through a
bot, script or otherwise; (7) you will not use the Services for any illegal
or unauthorised purpose; and (8) your use of the Services will not violate any
applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).

 

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.

 

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection with
any commercial endeavours except those that are specifically endorsed or
approved by us.

As a user of the Services, you agree not to:

 * Systematically retrieve data or other content from the Services to create or
   compile, directly or indirectly, a collection, compilation, database, or
   directory without written permission from us.
 * Trick, defraud, or mislead us and other users, especially in any attempt to
   learn sensitive account information such as user passwords.
 * Circumvent, disable, or otherwise interfere with security-related features of
   the Services, including features that prevent or restrict the use or copying
   of any Content or enforce limitations on the use of the Services and/or the
   Content contained therein.
 * Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
   Services.
 * Use any information obtained from the Services in order to harass, abuse, or
   harm another person.
 * Make improper use of our support services or submit false reports of abuse or
   misconduct.
 * Use the Services in a manner inconsistent with any applicable laws or
   regulations.
 * Engage in unauthorised framing of or linking to the Services.
 * Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
   horses, or other material, including excessive use of capital letters and
   spamming (continuous posting of repetitive text), that interferes with any
   party�s uninterrupted use and enjoyment of the Services or modifies,
   impairs, disrupts, alters, or interferes with the use, features, functions,
   operation, or maintenance of the Services.
 * Engage in any automated use of the system, such as using scripts to send
   comments or messages, or using any data mining, robots, or similar data
   gathering and extraction tools.
 * Delete the copyright or other proprietary rights notice from any Content.
 * Attempt to impersonate another user or person or use the username of another
   user.
 * Upload or transmit (or attempt to upload or to transmit) any material that
   acts as a passive or active information collection or transmission mechanism,
   including without limitation, clear graphics interchange formats ( 'gifs' ),
   1�1 pixels, web bugs, cookies, or other similar devices (sometimes referred
   to as 'spyware' or 'passive collection mechanisms' or 'pcms' ).
 * Interfere with, disrupt, or create an undue burden on the Services or the
   networks or services connected to the Services.
 * Harass, annoy, intimidate, or threaten any of our employees or agents engaged
   in providing any portion of the Services to you.
 * Attempt to bypass any measures of the Services designed to prevent or
   restrict access to the Services, or any portion of the Services.
 * Copy or adapt the Services' software, including but not limited to Flash,
   PHP, HTML, JavaScript, or other code.
 * Except as permitted by applicable law, decipher, decompile, disassemble, or
   reverse engineer any of the software comprising or in any way making up a
   part of the Services.
 * Except as may be the result of standard search engine or Internet browser
   usage, use, launch, develop, or distribute any automated system, including
   without limitation, any spider, robot, cheat utility, scraper, or offline
   reader that accesses the Services, or use or launch any unauthorised script
   or other software.
 * Use a buying agent or purchasing agent to make purchases on the Services.
 * Make any unauthorised use of the Services, including collecting usernames
   and/or email addresses of users by electronic or other means for the purpose
   of sending unsolicited email, or creating user accounts by automated means or
   under false pretences .
 * Use the Services as part of any effort to compete with us or otherwise use
   the Services and/or the Content for any revenue-generating endeavour or
   commercial enterprise.
 * Use the Services to advertise or offer to sell goods and services.
 * Sell or otherwise transfer your profile.

 

6. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you with
the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Services,
including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, 'Contributions' ). Contributions may be viewable by other users
of the Services and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you create
or make available any Contributions, you thereby represent and warrant that:

 * The creation, distribution, transmission, public display, or performance, and
   the accessing, downloading, or copying of your Contributions do not and will
   not infringe the proprietary rights, including but not limited to the
   copyright, patent, trademark, trade secret, or moral rights of any third
   party.
 * You are the creator and owner of or have the necessary licences , rights,
   consents, releases, and permissions to use and to authorise us, the Services,
   and other users of the Services to use your Contributions in any manner
   contemplated by the Services and these Legal Terms.
 * You have the written consent, release, and/or permission of each and every
   identifiable individual person in your Contributions to use the name or
   likeness of each and every such identifiable individual person to enable
   inclusion and use of your Contributions in any manner contemplated by the
   Services and these Legal Terms.
 * Your Contributions are not false, inaccurate, or misleading. 
 * Your Contributions are not unsolicited or unauthorised advertising,
   promotional materials, pyramid schemes, chain letters, spam, mass mailings,
   or other forms of solicitation.
 * Your Contributions are not obscene, lewd, lascivious, filthy, violent,
   harassing, libellous, slanderous, or otherwise objectionable (as determined
   by us). 
 * Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
   anyone.
 * Your Contributions are not used to harass or threaten (in the legal sense of
   those terms) any other person and to promote violence against a specific
   person or class of people.
 * Your Contributions do not violate any applicable law, regulation, or rule.
 * Your Contributions do not violate the privacy or publicity rights of any
   third party.
 * Your Contributions do not violate any applicable law concerning child
   pornography, or otherwise intended to protect the health or well-being of
   minors.
 * Your Contributions do not include any offensive comments that are connected
   to race, national origin, gender, sexual preference, or physical handicap.
 * Your Contributions do not otherwise violate, or link to material that
   violates, any provision of these Legal Terms, or any applicable law or
   regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights
to use the Services.

 

7. CONTRIBUTION LICENCE

By posting your Contributions to any part of the Services , you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and licence to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorise sublicences of the
foregoing. The use and distribution may occur in any media formats and through
any media channels.

This licence will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorise any Contributions to
place them in more appropriate locations on the Services; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.

 

8. MOBILE APPLICATION LICENCE

Use Licence

If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and use
the App on such devices strictly in accordance with the terms and conditions of
this mobile application licence contained in these Legal Terms. You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4) remove, alter,
or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavour, commercial enterprise, or other purpose for which
it is not designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or users at the
same time; (7) use the App for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the App;
(8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.

 

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple
Store or Google Play (each an 'App Distributor') to access the Services: (1)
the licence granted to you for our App is limited to a
non-transferable licence to use the application on a device that utilises the
Apple iOS or Android operating systems, as applicable, and in accordance with
the usage rules set forth in the applicable App Distributor�s terms of
service; (2) we are responsible for providing any maintenance and support
services with respect to the App as specified in the terms and conditions of
this mobile application licence contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor has
no obligation whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the App, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you
are not located in a country that is subject to a US government embargo, or that
has been designated by the US government as a 'terrorist supporting' country and
(ii) you are not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement when
using the App, e.g. if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the App; and (6)
you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile
application licence contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application licence contained
in these Legal Terms against you as a third-party beneficiary thereof.

 

9. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the App) links to other
websites ('Third-Party Websites' ) as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ('Third-Party Content'). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites
or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Services
and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should be aware
these Legal Terms no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications you use or
install from the Services. Any purchases you make through Third-Party Websites
will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do
not endorse the products or services offered on Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such products
or services. Additionally, you shall hold us blameless from any losses sustained
by you or harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact with Third-Party Websites.

 

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.

 

11. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy
Policy:  https://privacypolicy.spotlight.valenzelektron.com.

By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in Switzerland. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in Switzerland, then through your
continued use of the Services, you are transferring your data to Switzerland,
and you expressly consent to have your data transferred to and processed
in Switzerland . Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children�s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we will
delete that information from the Services as quickly as is reasonably practical.

 

12. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify us using the contact information
provided below (a 'Notification'). A copy of your Notification will be sent to
the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to applicable law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if you
are not sure that material located on or linked to by the Services infringes
your copyright, you should consider first contacting an attorney.

 

13. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND  ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.

 

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services
at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.

 

15. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws
of Switzerland, and the use of the United Nations Convention of Contracts for
the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law in your country
to residence. Valenzelektron.com and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Schaffhausen, which means that you
may make a claim to defend your consumer protection rights in regards to these
Legal Terms in Switzerland, or in the EU country in which you reside.

 

16. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a 'Party' and
collectively, the 'Parties'), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.

 

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal
Terms shall be determined by one arbitrator who will be chosen in accordance
with the Arbitration and Internal Rules of the European Court of Arbitration
being part of the European Centre of Arbitration having its seat in Strasbourg,
and which are in force at the time the application for arbitration is filed, and
of which adoption of this clause constitutes acceptance. The seat of arbitration
shall be Schaffhausen, Switzerland . The language of the proceedings shall
be German. Applicable rules of substantive law shall be the law of Switzerland .

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or
to utilise class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy,
or unauthorised use; and (c) any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.

 

17. CORRECTIONS

There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.

 

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.

 

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys� fees and expenses, made by any third party due
to or arising out of: (1) your Contributions;  (2) use of the Services; (3)
breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (5) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (6)
any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defence and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defence of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.

 

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption of
such data.

 

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.

 

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.

 

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and
all defences you may have based on the electronic form of these Legal Terms and
the lack of signing by the parties hereto to execute these Legal Terms.

 

25. LANGUAGE

These TOS were written in English. If you are reading a translation and it
conflicts with the English version, please note that the English version
controls.

 

26. CONTACT US

In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:

 

valenzelektron.com

Schaffhausen 8200

Switzerland

 

hi@valenzelektron.com