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Terms of Use
These terms and conditions (“Website Terms of Use”) are entered into by you and us, and they govern your access and use of the Website, including any content and functionality contained in the Website.
It is your responsibility to read the Website Terms of Use carefully before your use of the Website and your use of the Website means you have agreed to be bound and comply with these Website Terms of Use.
If you do not agree with these Website Terms of Use, you must not access or use the Website.
Content provided for informational purposes only
Content available on the Website is for informational purposes only and is not intended to address the specific circumstances of any particular individual or entity. Such content may not always be entirely accurate, complete or up to date, and may also include inaccuracies or typographical errors. You are solely responsible for verifying their adequacy, completeness and accuracy, and any reliance you place on such content is at your own risk.
None of the content on this Website should be considered by you as legal, tax, investment, financial, professional or any other type of advice. You should always conduct your own research and seek independent professional advice if necessary. You are solely responsible for the decisions or actions you might take in this respect. We are not liable for any loss resulting from your action (or inaction) and decisions based on this content on this Website.
Additionally, we are not responsible for any information, content or services contained in any third-party content or on any third-party websites accessible or linked through this Website.
Intellectual property rights
The Website and its contents are made available under free and open-source licenses. This means that anyone can use, share and modify such content, as long as they follow the terms of the applicable license.
Third party website links
To the extent the Website provides any links to a third-party website, then its terms and conditions, including privacy policies, govern your use of those third-party websites. We have no control over such third-party websites and will not be liable for your use of or activities on any third-party websites accessed through the Website. If you access such third-party websites through the Website, it is at your own risk and you are solely responsible for your activities on such third-party websites.
Disclaimer
The Website is provided by us on an ‘as is’ basis, and you use the Website at your own sole discretion and risk.
We disclaim all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. We do not warrant or make any representations concerning the completeness, accuracy, legality, utility, reliability, suitability or availability of the use of the Website, the content on this Website or otherwise relating to the Website, such content, or on any sites linked to this site.
We make no claims that the Website or any of its content is accessible, legally compliant or appropriate in your jurisdiction. Your access or use of the Website is at your own sole discretion and you are solely responsible for complying with any applicable local laws. These disclaimers will apply to the maximum extent permitted by applicable law.
Limitation of liability
We will not be held liable to you under any contract, negligence, strict liability or other legal or equitable theory for any lost profits, cost of procurement for substitute services, or any special, incidental or consequential damages related to, arising from, or in any way connected with these Website Terms of Use, the Website, the content on the Website or your use of the Website, even if we have been advised of the possibility of such damages. In any event, our aggregate liability for such claims is limited to EUR 100 (one hundred Euros). This limitation of liability will apply to the maximum extent permitted by applicable law.
Indemnity
You shall indemnify us and hold us harmless from and against any and all claims, damages and expenses, including attorneys’ fees arising from or related to your use of the Website, the content on the Website, including without limitation your violation of these Website Terms of Use.
Modifications
We may modify or replace any part of this Website Terms of Use at any time and without notice. You are responsible for checking the Website periodically for any changes. The new Website Terms of Use will be effective immediately upon its posting on the Website.
Governing law
Swiss law governs these Website Terms of Use and any disputes between you and us, whether in court or arbitration, without regard to conflict of laws provisions.
Disputes
In these terms, “dispute” has the broadest meaning enforceable by law and includes any claim you make against or controversy you may have in relation to these Website Terms of Use, the Website, the content on the Website or your use of the Website
We prefer arbitration over litigation as we believe it meets our principle of resolving disputes in the most effective and cost-effective manner. You are bound by the following arbitration clause, which waives your right to litigation and to be heard by a judge. Please note that court review of an arbitration award is limited. You also waive all your rights to a jury trial (if any) in any and all jurisdictions.
If a (potential) dispute arises, you must first use your reasonable efforts to resolve it amicably with us. If these efforts do not result in a resolution of such dispute, you shall then send us a written notice of dispute setting out (i) the nature of the dispute and the claim you are making; and (ii) the remedy you are seeking.
If we and you are unable to further resolve this dispute within sixty (60) calendar days of us receiving this notice of dispute, then any such dispute will be referred to and finally resolved by you and us through an arbitration administered by the Swiss Chambers’ Arbitration Institution in accordance with the Swiss Rules of International Arbitration for the time being in force, which rules are deemed to be incorporated herein by reference. The arbitral decision may be enforced in any court. The arbitration will be held in Zug, Switzerland, and may be conducted via video conference virtual/online methods if possible. The tribunal will consist of one arbitrator, and all proceedings as well as communications between the parties will be kept confidential. The language of the arbitration will be in English. Payment of all relevant fees in respect of the arbitration, including filing, administration and arbitrator fees, will be in accordance with the Swiss Rules of International Arbitration.
Regardless of any applicable statute of limitations, you must bring any claims within one year after the claim arose or the time when you should have reasonably known about the claim. You also waive the right to participate in a class action lawsuit or a classwide arbitration against us.
About these Website Terms of Use
These Website Terms of Use cover the entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
The captions and headings identifying sections and subsections of these Website Terms of Use are for reference only and do not define, modify, expand, limit or affect the interpretation of any provisions of these Website Terms of Use.
If any part of these Website Terms of Use is held invalid or unenforceable, that part will be severable from these Website Terms of Use, and the remaining portions will remain in full force and effect. If we fail to enforce any of these Website Terms of Use, that does not mean that we have waived our right to enforce them.