Legal Notice
NUNSYS, S.A. with registered office at C/ Gustave Eiffel, 3. Parque Tecnológico 46980 Paterna (Valencia), owner of the domain https://coachinbounds.com, with its own independent legal personality with taxpayer identification number A97929566 and registered at the Commercial Registry: Registro Mercantil de Valencia, Tomo 8732, Libro 6019 Folio 32 Sección Hoja V-123647.
NUNSYS, S.A. is governed by its own rules and the law applicable. Its email is info@nunsys.com.
The NUNSYS, S.A. website has been created for informative purposes, and transactional and personal use exclusively. So, all products and services herein are provided according to the applicable legislation.
CONDITIONS
The intellectual property rights on the website, graphic design and codes are owned by NUNSYS, S.A.. The contents, both related to commercial activities and information about products and services included in this website of NUNSYS, S.A. and any other related to it are aimed at clients living in Spain.
They are authorised, free of charge and personally, to use, copy and print any material or document found on this website, and may transfer the contents to their terminal provided it is for their personal use and without any commercial purpose; therefore, their distribution, modification, transmission, forwarding or use of the contents of the website for public or commercial purposes is expressly prohibited.
Software available for downloading from this Web Site is protected by copyright. In order to install or use any software downloaded from this site, you must first agree to the terms of the License Agreement, if any, which accompanies or is included with the software («License Agreement»). Copying or reproduction of the software to any other server or location for the purpose of further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only in accordance with the terms of the licence agreement, to the exclusion of all other warranties. In no event shall NUNSYS, S.A. or its suppliers be liable for any direct or indirect damages, or any damages whatsoever (including, but not limited to, loss of profits, loss of information, financial or commercial loss), even if NUNSYS, S.A. has been advised of the possibility of such damages.
The trademarks in their generic sense contained in this website are protected by law as are the contents, which may not be altered, modified, changed or adapted by the user. NUNSYS, S.A. will enforce all rights provided by the Intellectual and Industrial Property Law, exercising the corresponding civil or criminal actions against those who infringe on their rights and will demand the necessary measures to safeguard them.
NUNSYS, S.A. reserves the right to update, modify or delete the information contained in its web pages and may even limit or deny access to such information. The information contained in these web pages is current as of the date of the last update and should be considered as indicative information for the user, relating to products and services and other information contained in these pages. The user can confirm the date of the update of any information, if requested, through the e-mail box available on the website.
NUNSYS, S.A. is not responsible for the use that you may make of the materials available on the Website if they infringe the rights of third parties that do not belong to or are not associated with NUNSYS, S.A.. The entity rejects any liability arising from the misuse of the contents and reserves the right to update them at any time, delete, limit or prevent access to them, temporarily or permanently. The NUNSYS, S.A. declines responsibility for any information not contained in these web pages and, therefore, not created by NUNSYS, S.A. or not published under its name. The entity disclaims liability for any discrepancies that may arise between the printed version of its printed documents and the electronic version of the same published on its web pages. NUNSYS, S.A. is not responsible for the use of the Website by minors.
NUNSYS, S.A. is not responsible that the contents of the Website may offend the sensibilities of minors. It is the responsibility of parents to ensure the correct use of a tool such as the Internet and to accompany minors in their sessions. NUNSYS, S.A. warns that the use of the Website that you make and the information it contains, are your own responsibility, and do not guarantee that access to other websites through links can view information that hurts your sensibility or cause damage.
It is prohibited any transmission of data that you can make to this Web Site or other accesses controlled by NUNSYS, S.A., which infringe the property rights of third parties, and whose content is threatening, defamatory, obscene, pornographic, or transmission of any other material that constitutes or incites conduct that may be considered a criminal offense. NUNSYS, S.A. assumes no responsibility for the content of any forum or chat rooms, bulletin boards or any other transmissions, which are linked to this Web Site and will cooperate, if required by court order or law enforcement authorities, in identifying the persons responsible for any content that violates the law. This agreement shall remain in effect until terminated unilaterally by either party. In that case, you must delete all material you have obtained from this Web Site and destroy any copies, documents, or facilities in your possession. The NUNSYS, S.A. may modify these Terms by updating them on this Website, so it is recommended that you consult this Website at reasonable intervals to check for any such modifications. The parties agree that these Conditions governing access to the NUNSYS, S.A.
COOKIES POLICY
A cookie is a small text file that is saved in your browser when you visit almost any website. Its usefulness is that the website is able to remember your visit when you return to browse that page. Cookies usually save information of a technical nature, personal preferences, personalisation of content, usage statistics, links to social networks, access to user accounts, etc.
You can find more detailed information in our Cookie Policy https://coachinbounds.com/home/cookie-policy/
ADDITIONAL INFORMATION
Neither this website nor its legal representatives are responsible for the content or the veracity of the privacy policies of the third parties mentioned in this cookie policy.
Web browsers are the tools responsible for storing cookies and from this place, you must exercise your right to delete or disable them. Neither this website nor its legal representatives can guarantee the correct or incorrect handling of cookies by the aforementioned browsers. In some cases, it is necessary to install cookies so that the browser does not forget your decision not to accept them. In the case of Google Analytics cookies, this company stores cookies on servers located in the United States and undertakes not to share them with third parties, except in cases where it is necessary for the operation of the system or where the law requires it to do so. According to Google, it does not store your IP address and guarantees that all data transferred will be treated with a level of protection in accordance with European regulations.
If you have any doubts or queries about this cookie policy, please do not hesitate to contact us via the contact section.
Feedback.
We respect and appreciate the thoughts and comments from our users If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant InBounds an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
Ownership; Proprietary Rights.
The Service is owned and operated by InBounds . The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by InBounds (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of InBounds or its third-party licensors. Except as expressly authorized by InBounds , you may not make use of the Materials. There are no implied licenses in these Terms and InBounds reserves all rights to the Materials not granted expressly in these Terms.
Third-Party Terms
Third-Party Services and Linked Websites.
InBounds may provide tools through the Service that enable you to import or export data or information (including User Content) to or from third-party services, including through features that allow you to aggregate data from various third party sources, such as devices, hardware, and other service providers or that allow you link your account on the Service with an account on the third-party service, such as Twitter or Facebook. By using one of these tools, you hereby authorize that InBounds to transfer that information and data to or from the applicable third-party service. Third-party services are not under InBounds control, and, to the fullest extent permitted by law, InBounds is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under InBounds control, and InBounds is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any data or information with such third-party services. Once sharing occurs, InBounds will have no control over the data or information that has been shared.
Third-Party Software.
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
User Content.
Certain features of the Service may permit users to submit, upload, publish, or otherwise transmit (“Post”) content to the Service, including messages, photos, video or audio (including sound or voice recordings embodied in the video or audio), images, data, testimonials text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
Limited License Grant to InBounds
By Posting User Content to or via the Service, you grant InBounds a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from InBounds’s exercise of the license set forth in this Section.
Limited License Grant to Other Users.
By Posting User Content to or via the Service and making it available to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
You Must Have Rights to the Content You Post; User Content Representations and Warranties.
You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. InBounds disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize InBounds and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by InBounds , the Service, and these Terms; Your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not:infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right;slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; orcause InBounds to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; andYour User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, offensive, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
User Content Disclaimer.
We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. InBounds may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against InBounds with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, InBounds does not permit infringing activities on the Service.
Monitoring Content.
InBounds does not control and does not have any obligation to monitor:
(a) User Content;
(b) any content made available by third parties; or
(c) the use of the Service by its users.
You acknowledge and agree that InBounds reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time InBounds chooses to monitor the content, then InBounds still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). InBounds may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without notice and without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
Reasonable Usage.
Users may not post excessive User Content (including unreasonable volumes of User Content or User Content in large file sizes). InBounds reserves the right to set limits on the amount or volume of User Content that a User may Post to or through the Service, and to remove any User Content that is unreasonable large or exceeds InBounds’s storage limits.
Communications Email.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Push Notifications.
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:use the Service for any illegal purpose or in violation of any local, state, national, or international law;violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by InBounds;interfere with security-related features of the Service, including by:disabling or circumventing features that prevent or limit use, printing or copying of any content; orreverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;interfere with the operation of the Service or any user’s enjoyment of the Service, including by:uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;making any unsolicited offer or advertisement to another user of the Service;collecting personal information about another user or third party without consent; orinterfering with or disrupting any network, equipment, or server connected to or used to provide the Service;perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identify, accessing any other Service account without permission;sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; orattempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
Term, Termination, and Modification of the ServiceTerm.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.
Termination.
If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, InBounds may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account through the Service or by contacting customer service at support@coachinbounds.com.
Effect of Termination.
Upon termination of these Terms:Your license rights will terminate and you must immediately cease all use of the ServiceYou will no longer be authorized to access your account or the ServiceYou must pay InBounds any unpaid amount that was due prior to termination; andAll payment obligations accrued prior to termination and Sections 5.3, 6, 8.2, 12.3, 13, 14, 15, 16 and 17 will survive.You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
Modification of the Service.
InBounds reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. InBounds will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
Indemnity.
To the fullest extent permitted by applicable law, you are responsible for your use of the Service, and you will defend and indemnify InBounds , its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “InBounds Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with:your unauthorized use of, or misuse of, the Service your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or any dispute or issue between you and any third party.We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties by InBounds
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND InBounds DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING:ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; ANDANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. InBounds DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND InBounds DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR InBounds ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE InBounds ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. InBounds does not disclaim any warranty or other right that InBoundsis prohibited from disclaiming under applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE InBounds ENTITIES BE LIABLE TO YOU FOR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS OR INDIRECT OR INCIDENTAL DAMAGES (AND, TO THE EXTENT AVAILABLE UNDER APPLICABLE LAW, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY InBounds ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGES.EXCEPT AS PROVIDED IN SECTIONS 16.5 AND 16.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE InBounds ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO InBounds FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM.The laws of certain countries, states and jurisdictions do not allow the limitation of liability or certain damages, and if such laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.
16.US Arbitration. If you live in the United States, the following provision shall apply: Generally.
In the interest of resolving disputes between you and InBounds in the most expedient and cost effective manner, and except as described in Section 16.2 and 16.3, you and InBounds agree that every dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND InBounds ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions.
Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:bring an individual action in small claims court; pursue an enforcement action through the applicable federal, state, or local agency if that action is available; seek injunctive relief in a court of law in aid of arbitration; or to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these Terms by sending a letter to Nunsys S.A., C/Gustave Eiffel, 3, 46980 Paterna, Valencia (Spain) that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once InBounds receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.Arbitrator. Any arbitration between you and InBounds will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting InBounds. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). InBounds’s address for Notice of Arbitration is: Nunsys Soluciones Tecnologicas Carrer de Gustave Eiffel, 3, 46980 Paterna Valencia. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or InBounds may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or InBounds must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by InBounds in settlement of the dispute prior to the award, InBounds will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$1,000.
Fees.
If you commence arbitration in accordance with these Terms, InBounds will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your [residence/billing address], but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your [residence/billing address]. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse InBounds for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions.
YOU AND InBounds AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and InBounds agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision.
If InBounds makes any future change to this arbitration provision, other than a change to InBounds address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to InBounds address for Notice of Arbitration, in which case your account with InBounds will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability.
If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if InBounds receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.
Miscellaneous General Terms.
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and InBounds regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law you live in the United States, these Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and InBounds submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, NY for resolution of any lawsuit or court proceeding permitted under these Terms. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you live in the United Kingdom, the European Union, or any other location outside of the United States, there terms are governed by the laws of Spain and all disputes arising out of related to these Terms or your use the Service shall be subject to the exclusive jurisdiction of the courts located in England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Privacy Policy.
Please read the [InBounds Privacy Policy](the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The InBounds Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Beta Testing.
The Service may be made available under these Terms for purposes of a trial period (a “Trial”) or beta testing certain functions or features (“Beta Testing”). Any Service made available for Beta Testing may contain errors, including errors that may cause the Service to malfunction or cause a loss of data or User Content. InBounds is not obligated to correct errors, correct the effects of errors (e.g., fix any account or recover lost data or content), or provide any technical support related to use of the Service (including any account or data or content on it) in connection with Beta Testing. DURING A TRIAL OR BETA TESTING, TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED AND InBounds SHALL NOT BE LIABLE TO USER FOR ANY LIABILITY OR DAMAGES OF ANY KIND ARISING FROM USER’S USE OF THE SERVICE AS PART OF A TRIAL OR BETA TESTING.
Additional Terms.
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
No Support.
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Copyright Infringement. If you live in the United States, the following provisions shall apply:
Respect of Third Party Rights.
Respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
DMCA Notification.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
Nunsys S.A.
Attn: Inbounds Department
Dirección: Carrer de Gustave Eiffel, 3, 46980 Paterna, Valencia
Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed a description of the copyrighted work or other intellectual property right that you claim has been infringed a description of the material that you claim is infringing and where it is located on the Service your address, telephone number, and email address a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.Your Notification of Claimed Infringement may be shared by InBounds with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to InBounds making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Repeat Infringers.
InBounds policy is to: (a) remove or disable access to material that InBounds believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. InBounds will terminate the accounts of users that are determined by InBounds to be repeat infringers. InBounds reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
Counter Notification.
If you receive a notification from InBounds that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide InBounds with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to InBounds Designated Agent through one of the methods identified in Section 27.a, and include substantially the following information:your physical or electronic signature identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled and your name, address, and telephone number, and a statement that you con-sent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which InBounds may be found, and that you will accept service of process from the per-son who provided notification under Section 11.2 above or an agent of that person.A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
Reposting of Content Subject to a Counter Notification.
If you submit a Counter Notification to InBounds in response to a Notification of Claimed Infringement, then InBounds will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that InBounds will replace the removed User Content or cease disabling access to it in 10 business days, and InBounds will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless InBounds Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on InBounds system or network.
False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides at 17 U.S.C. § 512(f) that: “any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of InBounds relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” InBounds reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the l