These
Terms of Service shall remain in full force and effect while you
use the Site and our consulting services. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE Terms of Service, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE AND
OUR CONSULTING SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE Terms of Service OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
13. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Site at
any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information
on our Site. We also reserve the right to modify or discontinue
all or part of the Site and our consulting services without
notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or
discontinuance of the Site or our consulting services.
We
cannot guarantee the Site and our consulting services will be
available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the
Site and/or our consulting services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site and
our consulting services at any time or for any reason without
notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability
to access or use the Site or our consulting services during any
downtime or discontinuance of the Site or the consulting
services. Nothing in these Terms of Service will be construed to
obligate us to maintain and support the Site and our consulting
services or to supply any corrections, updates, or releases in
connection therewith.
14. GOVERNING
LAW
These
Terms shall be governed by and defined following the laws of the United
Arab Emirates.
Cyber Fady and yourself irrevocably
consent that the courts of the United
Arab Emirates shall
have exclusive jurisdiction to resolve any dispute which may arise
in connection with these terms.
15. DISPUTE
RESOLUTION
To
expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Service
(each "Dispute" and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other
Party.
Any
dispute arising out of or in connection with this
contract, including any question regarding its
existence, validity, or termination, shall be referred
to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the
Rules of this ICAC, which, as a result of referring to
it, is considered as the part of this clause. The number
of arbitrators shall be 1.
The seat, or legal place, of arbitration shall be Dubai,
United
Arab Emirates. The
language of the proceedings shall be English
or Arabic. The governing law of
the contract shall be the substantive law of the United
Arab Emirates.
The
Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the
full extent permitted by law, (a) no arbitration shall
be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action
procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other
persons.
Exceptions
to Informal Negotiations and Arbitration
The
Parties agree that the following Disputes are not
subject to the above provisions concerning informal
negotiations and binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of
a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal
jurisdiction of that court.
There
may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time,
without prior notice.
THE SITE IS
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE AND OUR CONSULTING SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE
AND/OR CONSULTING SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE OR THE CONSULTING CALLS BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE
CONSULTING CALLS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE. WHEN USING OUR CONSULTING
SERVICES, WE MAKE OUR BEST TO ADVISE YOU ACCORDING TO YOUR
PRESENT PERSONAL SITUATION AND PARTICULAR CIRCUMSTANCES AND WHAT
IS BEST FOR YOU AT THE TIME OF YOUR CONSULTATION. WE CANNOT
GUARANTEE RESULTS AT A FUTURE TIME. ALSO, IN THE CASE OF ACCOUNT
THEFT OR LOSS OF ACCESS TO YOUR ACCOUNT(S), EVEN THOUGH WE WILL
DO OUR BEST, WE CANNOT GUARANTEE THE RECOVERY OF ANY OF YOUR
ACCOUNTS. YOUR INDIVIDUAL RESULTS MAY VARY DEPENDING ON YOUR
PARTICULAR SITUATION.
18. LIMITATIONS
OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR YOUR MISUSE
OR MISUNDERSTANDING OF ANY INFORMATION OBTAINED THROUGH OUR
CONSULTING SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
You agree to
defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1)
use of the Site; (2) use of our consulting services (3)
breach of these Terms of Service; (4)
any breach of your representations and warranties set forth in
these Terms of Service; (5)
your violation of the rights of a third party, including but
not limited to intellectual property rights; or (6)
any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon
becoming aware of it.
We
will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site and our consulting services.
Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site or
our consulting services. You agree that we shall have no
liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
21. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email, messaging channels and on the Site,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or
to payments or the granting of credits by any means other than
electronic means.
22. CONFIDENTIALITY
AND NON-DISCLOSURE AGREEMENT
If
you make use of our consulting services, we shall not (1)
disclose, divulge, reveal, report or use, for any purpose, any
data or information which we have obtained relating to you,
whether business or personal, which would reasonably be
considered to be private or proprietary to you and that is not
generally known (collectively, the “Confidential Information”)
and where the release of that Confidential Information could
reasonably be expected to cause harm to you, except as
authorized by you or as required by law, (2) make copies of any
Confidential Information or any content based on the concepts
contained within the Confidential Information for personal use
or for distribution unless you requested us to do so, (3) use
the Confidential Information other than solely for your benefit.
All written and oral information and material you disclosed or
provided to us under this consulting agreement is Confidential
Information regardless of whether it was provided before or
after the date of the consulting agreement or how it was
provided to us. The obligations of confidentiality will apply
during the consulting term and will survive indefinitely upon
termination of the consulting agreement.
23. MISCELLANEOUS