The idibal website located at www.idibal.com is a copyrighted work owned by idibal. Certain features of the Site may be subject to additional guidelines, terms or rules, which will be posted on the Site in connection with such features.
All additional terms, guidelines and rules are incorporated by reference into these Terms.
Access to the Site
Subject to these Terms. The Company grants you a limited, non-transferable, non-exclusive, revocable license to access the Site solely for your personal, non-commercial use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, compile or reverse engineer any part of the Site; (c) you will not access the Site to build a similar or competitive website; and (d) except as expressly provided herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, unless otherwise indicated. , any publication, update or any other addition to the functionality of the Site will be subject to these Terms.
The Company reserves the right to change, suspend or terminate the Site with or without notice. Approved that the Company shall not be liable to you or any third party for any change, interruption or termination of the Site or any part.
No support or maintenance. You agree that the Company will have no obligation to provide you with assistance in connection with the Site.
Excluding any User Content you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and its content are owned by the Company or of the Company’s suppliers. Please note that these Terms and access to the Site do not grant you any right, title or interest in any intellectual property rights, except for the limited access rights expressed in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms.
Third party links and advertisements; Other users
Third Party Links and Ads. The Site may contain links to third party websites and services and/or display third party advertisements. Such third party links and advertisements are not under the control of the company, and the company is not responsible for any third party links and advertisements. The company provides access to these third party links and advertisements only as a convenience, and does not review, approve, monitor, endorse, guarantee or make any representations regarding the third party links and advertisements. You use all third party links and advertisements at your own risk and should exercise an appropriate level of caution and discretion in doing so. When you click on any of the third party links and advertisements, the applicable third party terms and policies apply,
Other users. Each user of the site is solely responsible for all of their user content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that the Company will not be liable for any loss or damage incurred as a result of any such interactions. If there is a dispute between you and any user of the Site, we are under no obligation to become involved.
You hereby forever release and discharge the Company and our officers, employees, agents, successors and assigns, and hereby waive any and all past disputes, claims, controversies, demands, rights, obligations, liabilities , present and future. action and cause of action of every kind and nature, arising or arising directly or indirectly from, or relating directly or indirectly to the Site. If you are a California resident, you hereby waive California Civil Code Section 1542 in relation to the foregoing, which states: “a general release does not extend to claims that the creditor does not know or suspect exist in its favor at the time of granting the release, which, if known, must have materially affected his settlement with the debtor.”
The site is provided on an “as is” and “as available” basis, and the company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or conditions of marketability. , fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Neither we nor our providers warrant that the site will meet your requirements, be available on an uninterrupted, timely, secure or error-free basis, or that it is accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, in no event shall the company or our suppliers be liable to you or any third party for lost profits, lost data, costs of purchasing substitute products, or any consequential damages, consequential, exemplary, incidental, special or punitive damages arising out of or related to these terms or your use or inability to use the site, even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data that results.
To the fullest extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising out of or in connection with this agreement shall be limited at all times to a maximum of fifty dollars. Americans (50 US dollars). The existence of more than one claim will not extend this limit. You agree that our suppliers shall have no liability of any kind arising out of or in connection with this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Duration and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time and for any reason in our sole discretion, including any use of the Site that violates these Terms. Upon termination of your rights under these Terms, your Account and the right to access and use the Site will terminate immediately. You understand that any termination of your Account may result in the removal of your User Content associated with your Account from our live databases. The Company will have no liability to you for the termination of your rights under these Terms. Even after your rights under these Terms are terminated,
Company respects the intellectual property of others and requests that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy that respects copyright law that provides for the removal of any infringing material and the termination of users of our Site online who repeatedly infringe intellectual property rights, including Copyright. If you believe that one of our users, by using our Site, is unlawfully infringing a work’s copyright and would like to have the allegedly infringing material removed, the following information in the form of written notice (pursuant to 17 USC § 512(c)) must be provided to our designated copyright agent:
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim has been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
information sufficient to permit us to locate such material;
Your address, telephone number and email address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or the law; Y
a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright that is allegedly infringed or that you are authorized to act on the copyright owner’s behalf.
Please note that, pursuant to 17 USC § 512(f), any misrepresentation of a material fact in a written notice automatically subjects the complaining party to liability for damages, costs, and attorneys’ fees incurred by us in connection with written notice and claim of copyright infringement.
These Terms are subject to revision from time to time, and if we make material changes, we may notify you by sending an email to the last email address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most recent email address. In the event that the last email address you provided to us is not valid, our sending you the email containing such notice will nevertheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective thirty (30) calendar days after we send you notice by email or thirty (30) calendar days after we post notice of the changes on our Site, whichever is earlier. first. These changes will be effective immediately for new users of our Site. Your continued use of our Site after notification of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. Conflict resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A WAIVER OF A CLASS ACTION. These changes will be effective immediately for new users of our Site. Your continued use of our Site after notification of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. Conflict resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A WAIVER OF A CLASS ACTION. These changes will be effective immediately for new users of our Site. Your continued use of our Site after notification of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. Conflict resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A WAIVER OF A CLASS ACTION. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A WAIVER OF A CLASS ACTION. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A WAIVER OF A CLASS ACTION.
Applicability of the Arbitration Agreement. All claims and disputes relating to the Terms or the use of any products or services provided by the Company that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Agreement. of arbitration. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This Arbitration Agreement applies to you and the Company, and all subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services or goods provided in under the Terms.
Notification Requirement and Informal Dispute Resolution. Before either party can request arbitration, the party must first send the other party a written Notice of Dispute that describes the nature and basis of the claim or dispute, and the relief requested. Notice must be sent to the Company at: 2001 Bilo Boulevard Greenville. After receiving the Notice, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days of receipt of the Notice, either party may initiate an arbitration proceeding.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider offering arbitration as set forth in this section. If AAA is not available for arbitration, the parties will agree to select an alternate ADR Provider. The ADR Provider’s rules will govern all aspects of the arbitration, except to the extent that such rules conflict with the Terms. The AAA’s Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claim or dispute in which the total amount of the requested award is less than ten thousand United States dollars (US$10,000. 00) may be resolved by binding arbitration without an appearance, at the option of the party seeking relief. For claims or disputes where the total amount of the award requested is Ten Thousand United States Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held at a location within 100 miles of your residence, unless you reside outside of the United States and the parties agree otherwise. If you reside outside of the US, the arbitrator will notify the parties of the date, time, and location of the oral hearings reasonably in advance. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the Company’s last settlement offer to you prior to the start of the arbitration, the Company will pay you the greater of the award or $2,500.00. Each party will bear its own costs and expenses arising from the arbitration and shall pay an equal share of the ADR Provider’s fees and costs.
Additional Rules for Non-Appearance Arbitration. If arbitration based on default is selected, the arbitration will be conducted by telephone, online, and/or based solely on written submissions; the specific form will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties agree otherwise.
time limits. If you or the Company seek arbitration, the arbitration action must be commenced and/or required within the statute of limitations and within any time period imposed under the AAA Rules for the relevant claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matter or joined with any other case or party. The arbitrator shall have the authority to grant dispositive motions on all or part of any claim. The arbitrator shall have the authority to award monetary damages and to award any non-monetary remedy available to a person under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and decision statement that describes the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge would have in a court of law.
Jury trial waiver. THE PARTIES WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY, electing instead to have all claims and disputes resolved by arbitration under this Arbitration Agreement. Arbitration proceedings are typically more limited, more efficient, and less expensive than applicable court rules and are subject to very limited review by a court. In the event of any litigation between you and the Company in any state or federal court in a lawsuit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A TRIAL BY JURY, and instead they choose to have the dispute resolved. by a judge
Class Action or Consolidated Waiver. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated individually and not collectively, and the claims of more than one customer or user may not be arbitrated or litigated jointly or consolidated with those of any another client. or user.
Confidentiality. All aspects of the arbitration proceeding will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from presenting in a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Divisibility. If any part or parts of this Arbitration Agreement is found by a court of competent jurisdiction to be invalid or unenforceable under law, then that specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement terminated. continue in full force and effect.
Right to resign. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not terminate or affect any other part of this Arbitration Agreement.
Survival of the Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
Small Claims Court. Notwithstanding the foregoing, you or the Company may bring an individual action in small claims court.
Emergency equitable relief. Notwithstanding the foregoing, either party may seek emergency equitable relief in state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other right or obligation under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims for defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement.
In any circumstance in which the foregoing Arbitration Agreement permits the parties to litigate in court, the parties agree to submit to the personal jurisdiction of the courts located in Netherlands County, California for such purposes.
The Site may be subject to US export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export or transfer, directly or indirectly, any US technical data acquired from the Company, or any products using such data, in violation of US export laws or regulations.
The business is located at the address in Section 10.8. If you are a California resident, you may file complaints with the California Department of Consumer Affairs, Division of Consumer Products, Complaint Assistance Unit by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by phone at (800) 952-5210.
Electronic Communications. Communications between you and Company use electronic means, whether you use the Site or send us emails, or Company posts notices on the Site or communicates with you by email. For contractual purposes, you (a) agree to receive communications from the Company in electronic form; and (b) you agree that all terms and conditions, agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal obligation that such communications would satisfy if they were in hard copy.
Entire Terms. These Terms constitute the entire agreement between you and us regarding your use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held invalid or unenforceable, the other provisions of these Terms will not be affected and the invalid or unenforceable provision will be deemed modified to be valid and enforceable to the fullest extent permitted by law. Your relationship with the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the above will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding on the assignees. The Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding on the assignees. The Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding on the assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are owned by us or by third parties. You are not permitted to use these Marks without our prior written consent or the consent of any such third party that may own the Marks.
Address: 2001 Bilo Boulevard Greenville