These terms of use are entered into by and between you and WACEO ("WACEO", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the WACEO services, including any content, functionality, and services offered on or through any other websites related to WACEO (the "Website").
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use in addition to our Privacy Policy and Cookies Policy incorporated herein by reference.
If you do not to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Website and have the right, power, and ability to enter into and perform under the Website; (c) any information you provide in connection with the Website, including your business name, accurately and truthfully represents your business or personal identity; (d) you and any activity initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (e) you will not use the Website, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Website; and (f) your use of the Website will be in compliance with these Terms of Use.
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
We may amend the Terms of Use at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through E-Mail (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Website constitutes your acceptance of such Revised Version. Any dispute that arose before the changes will be governed by the Terms of Use in place when the dispute arose.
We may provide disclosures and notices required by law to you electronically, by posting it on our website or by emailing it to your registered email address. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact WACEO Support.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by WACEO, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Unless otherwise marked: (a) all material, data, and information on the Website, such as data files, text, music, audio files or other sounds, photographs, videos, or other images, but excluding any software or computer code (collectively, the “Non-Code Content”) is licensed; and (b) all software or computer code (collectively, the “Code Content”) is licensed.
The WACEO name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WACEO or its affiliates or licensors. You must not use such marks without the prior written permission of WACEO or of the Website.
Additionally, you agree not to:
If we reasonably suspect that your Website activity is aiming to an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, and any of your activities with law enforcement.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statement sand/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WACEO, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the WACEO. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Website linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Website. We reserve the right to withdraw linking permission without notice.
The owner of the Website is based in Belgium. We make no claims that the Website or any of its content is accessible or appropriate outside of Belgium. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Belgium, you do so on your own initiative and are responsible for compliance with local laws.
The content of the Website is available for information purposes and is not intended to provide advice on a particular case or to substitute the specialized legal advice that you should always seek in the context of the particular case you may encounter.
Website information shall be provided for general information and should not be taken as an inducement to a specific action or refrain from action. You visit this Website and take any kind of action based on the information contained therein on your sole initiative and responsibility. Although WACEO is making great efforts to ensure that all of the Website’s information remains available continuously, is accurate and up to date, it cannot guarantee that the pages, services and the entire content of the Website will be provided without interruption, without errors or that errors will be corrected. Under no circumstances shall WACEO be held liable for any damage suffered by the visitor/user of the Website from the use or inability to use, the lack of availability or the non-update of its content timely, as well as for the consequences of any act or omission of its visitors/users made as a result of the use of the Website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WACEO NOR ANY PERSON ASSOCIATED WITH WACEO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WACEO NOR ANYONE ASSOCIATED WITH WACEO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WACEO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL THE WACEO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.
You agree to defend, indemnify and hold harmless WACEO, its affiliates, licensors and service providers, and its and the irrespective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
These Terms will be governed by and construed and enforced in accordance with the laws of Belgium, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction.
Any dispute arising out of or in connection to this Terms of Use, including any question regarding its existence, validity, or termination, shall first seek settlement of that dispute by mediation in accordance with the rules of the International Chamber of Commerce (ICC) Mediation Rules, which procedure is deemed to be incorporated by reference in this clause.
If the dispute is not settled by mediation within 30 days of the appointment of the mediator, or such further period as WACEO and the user shall agree in writing, the dispute shall be referred to and finally settled through binding arbitration under the Rules of Arbitration of the ICC.
The number of appointed arbitrators shall be one or more in accordance with the said Rules of Arbitration.
The seat, or legal place, of arbitration, shall be Belgium.
The language to be used in the arbitral proceedings shall be in English.
If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
No waiver of by WACEO of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WACEO to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
We may assign our rights and obligations under these Terms of Use. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. This Website does not create any form of partnership, joint venture or any other similar relationship between you and us. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms of Use, will be provided in electronic form.
The Terms of Use, our Privacy Policy constitute the sole and entire agreement between you and WACEO with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
This Website is operated by WACEO. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@waceo.org.