The following Terms and Conditions (the “Terms”) applies to your relationship with New Amsterdam Trade & Consultancy LLC., New York, New York, U.S.A (“NATC”), to the use of the NATC website (the “Website”) and to all products and services provided by NATC (the “Services”).
Use of the Website and the Services is conditional on your agreement to the Terms. You must read, agree with, and accept all of the terms and conditions contained in the Terms and the Privacy Policy. By checking the box “I Accept” and by using the Website and the Services, you indicate your acceptance of the Terms. If you do not comply with the Terms during your use of the Website and the Services, you will no longer have the right to use the Website and or Services.
1. Visitors. Any person accessing, browsing or otherwise using the Website, shall be deemed a “Visitor”. To obtain full access to the Website and use the Services, a Visitor must become a registered user (“User”).
2. Eligibility. By using the Website you represent and warrant that you have the right, authority, and capacity to enter into this agreement with NATC (the “Agreement”) on the conditions as set forth in these Terms.
3. Use of the Website. Subject to the restrictions in the Terms, you may use the Website for your own business purposes. You may not copy or distribute any portion of the Website for any purpose. NATC does not control the Content uploaded by third parties and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will NATC be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of, or reliance on, any Content.
4. User and Visitor Restrictions. You agree that you shall not, nor will you enable and/or allow third parties – to: (i) copy, modify, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices on the Website or on any material accessed via the Website; (iii) use any robot, spider, other automated device, or manual process to monitor or copy the Website or parts thereof; (iv) collect any information about other Users or Visitors (including user names and/or email addresses); (v) reformat or frame any portion of the web pages that are part of the Website, (vi) create user accounts by automated means or under false or fraudulent pretenses; (vii) create or transmit unwanted electronic communications such as “spam” to other Users or Visitors, or otherwise interfere with other Users’ or Visitors’ enjoyment of the Website; (viii) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (ix) use the Website to violate the security of any computer network, crack passwords or security encryption codes, upload, transfer or store illegal material including material that can be deemed threatening or obscene; (x) copy or store any Content offered on the Website for other than your own use, unless it is your own content; (xi) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiii) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xiv) collect or store personal data about other Users or Visitors, unless such data is provided by NATC. NATC may impose limits on certain features or services or restrict your access to parts or all of the Website, without notice.
5. Privacy. Use of the Website is also governed by our Privacy Policy, a copy of which can be found by clicking here.
6. Term. The Terms and the Privacy Policy will remain in full force and effective while you use the Website and our Services and the services of service providers. Either party may terminate the Agreement for any reason, at any time. Sections 9, 11, 13, 14, 15 and 16 shall survive any termination or expiration of the Agreement and the Terms.
7. Ownership. Content and other elements comprising the Website may be works protected by copyright. You acknowledge that any underlying technology or software used in connection with the Website contains NATC’ proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the software, and/or materials available on the Website in whole or in part except as expressly provided in the Terms.
8. Disclaimer of Warranties. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION AVAILABLE ON OR ACCESSED BY MEANS THEREOF, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NATC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR (1) THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE BY MEANS OF THE WEBSITE, (2) FOR ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE WEBSITE, (3) FOR ANY “VIRUSES” OR MALICIOUS COMPUTER CODE TRANSMITTED ON OR THROUGH THE WEBSITE, OR (4) FOR ANY BREACH OF SECURITY OR UNAUTHORIZED ACCESS TO THE WEBSITE OR YOUR INFORMATION. NATC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NATC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR VISITOR OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER OR VISITOR OF THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
9. Limitation of Liability. USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, UPLOADING, USE OF, OR ACCESS TO DATA, FILES, INFORMATION, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ON OR THROUGH THE WEBSITE AND OUR SERVICES. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, NATC IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION EXPRESSLY OR IMPLIEDLY PUBLISHED ON THE WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL NATC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NATC’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSOR OF (i) THE AMOUNT PAID BY YOU TO BITS ON THE RUN FOR THE USE OF THE WEBSITE AND OUR SERVICES IN THE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100.
10. Indemnity. You agree to indemnify, defend, and hold NATC, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to, and/or use of, the Website and our Services, (ii) the violation of these Terms by you, or (iii) the infringement by you, or any third party using your account or user name or password, of any intellectual property or other right of any person or entity.
11. Miscellaneous. All notices hereunder shall be given in writing to NATC at 248 East 44th Street, 2nd Floor, New York, New York 10017, or to such other address as NATC may request. Neither this Agreement nor any portion hereof shall be assigned, sublicensed or otherwise (including by operation of law) transferred by Users or Visitors without NATC’ prior written consent. Failure of NATC to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This Agreement contains the entire agreement between the parties hereto with respect to the matters contained herein. If any term or provision of this Agreement or any application thereof shall be invalid, illegal or unenforceable, the remainder of this Agreement and any other application thereof shall not be affected thereby. Unless stated otherwise in writing, this agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. The exclusive forum for any disputes arising out of or related to this Agreement shall be an appropriate Federal court situated in New York County in the State of New York or shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The place of arbitration will be New York, New York. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.