Your privacy is critically important to us. At ARIANNE, we have a few fundamental principles:
- We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
- We store personal information for only as long as we have a reason to keep it.
- We aim to make it as simple as possible for you to control what information on your website is shared publicly (or kept private), indexed by search engines, and permanently deleted.
- We help protect you from overreaching government demands for your personal information.
- We aim for full transparency on how we gather, use, and share your personal information.
Information We Collect
We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better. We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, schedule a call, purchase a guide, use our platform or otherwise communicate with us. The types of information we may collect include your Personal Information and any other information you choose to provide. We or a designated third party may collect payment and credit card information when you subscribe to our paid Services or purchase additional services.
When we say “Personal Information” we mean any information that identifies an individual, such as (but not limited to) an individual’s name, email address, postal address, device-specific information and log information (as described below). Any information that does not, on its own, identify an individual person is considered and treated as non-personal information. When non-personal information is combined with other information so that it does or can be used to identify an individual, this information is treated as Personal Information.
Information We Collect Automatically
When you access or use our Services, we automatically collect information about you, including:
- Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, your general location and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Information We Collect from Other Sources
We may also get information about you from other sources. For example, if you create or log into your WordPress.com account through another service (like Google) or if you connect your website or account to a social media service (like Twitter), we will receive information from that service (such as your username, basic profile information, and friends list) via the authorization procedures used by that service. The information we receive depends on which services you authorize and any options that are available. We may also get information, such as a mailing address, from third party services about individuals who are not yet our users (…but we hope will be!), which we may use, for example, for marketing and advertising purposes like postcards and other mailers advertising our services.
How And Why We Use Information
Purposes for Using Information
We use information about you as mentioned above and for the purposes listed below:
- To provide our Services–for example, to set up and maintain your account, host your website, backup and restore your website, or charge you for any of our paid Services;
- To further develop and improve our Services–for example by adding new features that we think our users will enjoy or will help them to create and manage their websites more efficiently;
- To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
- To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition–for example, we may analyze how many individuals purchased a plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
- To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of ARIANNE and others, which may result in us declining a transaction or the use of our Services;
- To communicate with you, for example through an email, about offers and promotions offered by ARIANNE and others we think will be of interest to you, solicit your feedback, or keep you up to date on ARIANNE and our products; and
- To personalize your experience using our Services, provide content recommendations, target our marketing messages to groups of our users (for example, those who have a particular plan with us or have been our user for a certain length of time), and serve relevant advertisements.
Legal Bases for Collecting and Using Information
How We Share Information
We do not sell our users’ private personal information. However, we often need to engage third-party companies and individuals (such as payment processors, research companies and analytics and security providers) to help us operate and provide the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf and are obligated to us not to disclose or use your information for other purposes.
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;active
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of ARIANNE or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among ARIANNE and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
- With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. For example, we may share a hashed version of your email address to facilitate customized ad campaigns on other services or platforms.
Information Shared Publicly
Information that you choose to make public is–you guessed it–disclosed publicly. That means, of course, that information like your public profile, posts, other content that you make public on your website, and your “Likes” and comments on other websites, are all available to others–and we hope you get a lot of views! For example, the photo that you upload to your public profile, or a default image if you haven’t uploaded one, is your Globally Recognized Avatar, or Gravatar–get it? :). Your Gravatar, along with other public profile information, will display with the comments and “Likes” that you make on other users’ websites while logged in to your WordPress.com account. Your Gravatar + public profile information may also display with your comments, “Likes,” and other interactions on websites that use our Gravatar service, if the email address associated with your account with us is the same as the email address that you use on the other website. We also provide a “Firehose” stream of public data (like posts and comments) from sites that use our Services to provide that data to Firehose subscribers, who may view and analyze the content (all subject to our Terms of Service), but do not have rights to re-publish it, publicly. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.
How Long We Keep Information
We generally discard information about you when we no longer need the information for the purposes for which we collect and use it–which are described in the section above on How and Why We Use Information–and we are not legally required to continue to keep it. For example, we keep the web server logs that record information about a visitor to one of Automattic’s websites, such as the visitor’s IP address, browser type, and operating system, for approximately 30 days. We retain the logs for this period of time in order to, among other things, analyze traffic to Automattic’s websites and investigate issues if something goes wrong on one of our websites. As another example, when you delete a post, page, or comment from your WordPress.com site, it stays in your Trash folder for thirty days just in case you change your mind and would like restore that content–because starting again from scratch is no fun, at all. After the thirty days are up, the deleted content may remain on our backups and caches until purged.
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks. To enhance the security of your account, we encourage you to enable our advanced security settings, like Two Step Authentication.
You have several choices available when it comes to information about you:
- Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services–for example, paid, premium themes–may not be accessible.
- Limit Access to Information On Your Mobile Device: Your mobile device operating system should provide you with the ability to discontinue our ability to collect stored information or location information via our mobile apps. If you do so, you may not be able to use certain features (like adding a location to a photograph, for example).
- Opt-Out of Electronic Communications: You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.
- Set Your Browser to Reject Cookies: At this time, Automattic does not respond to “do not track” signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies before using Automattic’s websites, with the drawback that certain features of Automattic’s websites may not function properly without the aid of cookies.
- Close Your Account: While we’d be very sad to see you go, if you no longer want to use our Services 🙁 🙁 , you can close your WordPress.com account. Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above–for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.
If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
- Request access to your personal data;
- Request correction or deletion of your personal data;
- Object to our use and processing of your personal data;
- Request that we limit our use and processing of your personal data; and
- Request portability of your personal data.
You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to do that, or you would like to contact us about one of the other rights, scroll down to Contact Us to, well, find out how to reach us. EU individuals also have the right to make a complaint to a government supervisory authority.
Changes to Agreement
ARIANNE RELOCATION RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY: (I) THE POSTING OF A NEW VERSION; AND/OR (II) A CHANGE NOTICE ON THE WEBSITE OR APPLICATION. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Services following the date in which the modified or amended Agreement is posted.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, ARIANNE Relocation grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website or by downloading and installing our Applications. The Services, including the Website and the Applications, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of ARIANNE Relocation. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of ARIANNE Relocation or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
When accessing the Services through the Applications that were downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play, (the “App Provider”), You acknowledge and agree that: (a) this Agreement is concluded between us, and not with the App Provider, and that we are solely responsible for the Applications (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Applications; (c) in the event of any failure of the Applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Applications or your possession and use of the Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the Applications or your possession and use of that Applications infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Applications, and that, upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Applications against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the Applications.
Reliance on Third Party Content
Opinions, advice, statements, or other information made available by means of the Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. ARIANNE RELOCATION DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL ARIANNE RELOCATION BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY. You also understand that by accessing and using the Services, You may encounter information, materials and subject matter that You or others may deem offensive, indecent, or objectionable. You agree to use the Services at Your sole risk and that ARIANNE Relocation and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY ARIANNE RELOCATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
User Information; Password Protection
You will also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other Member at any time. You agree to notify ARIANNE Relocation immediately of any unauthorized use of Your account, user name, or password. ARIANNE Relocation shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by ARIANNE Relocation, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
Public Profiles; Information Provided by All Members
As part of registration, members must create profiles, which may contain certain indentifying information (such as age, location, etc.). In addition, members have the option to post photographs, videos and other information (such as likes and dislikes) on their profiles. ARIANNE Relocation relies on its members to provide current and accurate information, and ARIANNE Relocation does not, and cannot, investigate information contained in member profiles. Accordingly, ARIANNE Relocation must assume that information contained in each member profile is current and accurate. ARIANNE RELOCATION DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.
Your Interactions with Other Members
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS AND COMPANIES. YOU ACKNOWLEDGE AND UNDERSTAND THAT ARIANNE RELOCATION HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. ARIANNE RELOCATION DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS OR THEIR COMPATIBILITY WITH YOU. IN NO EVENT SHALL ARIANNE RELOCATION BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER’S CONDUCT IN CONNECTION WITH SUCH MEMBER’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES.
ARIANNE Relocation reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between members. You agree to hold ARIANNE Relocation harmless in connection with any dispute or claim You make against any other member.
Consent to Receive Email from ARIANNE Relocation
In providing the Services, You may receive periodic email communications regarding the Services, new product information regarding the Services, which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials ARIANNE Relocation believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each email.
Consent to Receive Communications from Other Members and other Services Providers Related to the Relocation Industry
By using the Service, you may be connected with relocation consultants, real estate agents, movers, employers, colleagues and other service providers related to the relocation industry and You may receive electronic communications, including email and instant messages from other members.
The Service includes links to websites of third parties (“Third-Party Websites”), some of whom may have established relationships with ARIANNE Relocation and some of whom may not. ARIANNE Relocation does not have control over the content and performance of Third-Party Websites. ARIANNE RELOCATION HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, ARIANNE RELOCATION DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. ARIANNE RELOCATION DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
“User Content” is any content, materials or information (e.g., any text, information, photos, images, video, and other content and material) that You upload or post to, or transmit, display, perform or distribute by means of, the Services, whether in connection with Your use of Website, Application, or through the use of any Third Party Websites or Third Party Services or otherwise. You hereby grant ARIANNE Relocation and its officers, directors, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors, and assigns (collectively, the “ARIANNE Relocation Parties”) a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise use User Content in connection with the operation of the Services or any other similar services or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for the ARIANNE Relocation Parties to publish, display or otherwise use and make available your User Content and possibly your name and/or any user name of yours in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the ARIANNE Relocation Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section. You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the ARIANNE Relocation Parties under this section. You represent and warrant that, when using the Website, Applications and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE, APPLICATIONS AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
Messaging and Communication
“Messaging and Communication” is any area, site or feature offered as part of the Services (including without limitation internal communications, discussion forums, emails or instant messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other users of the Services. You acknowledge that Messaging and Communication, and features contained therein, are for communications within the ARIANNE Relocation Service. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Messaging and Communication may be viewed by others, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Messaging and Communication and for the consequences of submitting or posting same. ARIANNE RELOCATION DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR MESSAGING AND COMMUNICATIONS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
Your Responsibility and Defamatory Comments
You agree and understand that you may be held legally responsible for damages suffered by other members or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, ARIANNE Relocation is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services.
You represent and warrant that you shall not use the Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other ARIANNE Relocation agreement, guidelines or policy; or (i) is generally offensive or in bad taste, as determined by ARIANNE Relocation (collectively, “Objectionable Content”). ARIANNE RELOCATION DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, ARIANNE Relocation reserves the right to terminate Your use of the Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. ARIANNE Relocation, in its sole discretion, may delete any Objectionable Content from its servers. ARIANNE Relocation intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
ARIANNE Relocation imposes certain restrictions on Your use of the Services. You represent and warrant that you will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to ARIANNE Relocation or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) create more than one unique public profile; (e) harvest or otherwise collect information about ARIANNE Relocation users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Website, the Applications, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Website, the Applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (j) use the Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services; (l) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the ARIANNE Relocation Parties in providing the Website or Applications. Any violation of this section may subject You to civil and/or criminal liability.
You acknowledge and agree that the Applications and all intellectual property rights associated therewith are, and shall remain, the property of ARIANNE Relocation. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Applications are the intellectual property and proprietary and confidential information of ARIANNE Relocation. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Applications by implication, estoppel or other legal theory, and all rights in and to the Applications not expressly granted in this Agreement are hereby reserved and retained by ARIANNE Relocation.
The Applications may utilize or include third party software that is subject to third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Applications is subject to and governed by the terms and conditions of the third party license applicable to such Third Party Software. In the event of a conflict between the terms of this Agreement and the terms of such third party licenses, the terms of the third party licenses shall control with regard to Your use of the relevant Third Party Software.
Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation the ARIANNE Relocation logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are owned by ARIANNE Relocation. Except as explicitly provided, neither Your use of the Services nor this Agreement grant You any right, title or interest in or to any such materials.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ARIANNE Relocation to delete, edit, or disable the material in question, you must provide ARIANNE Relocation with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ARIANNE Relocation to locate the material; (d) information reasonably sufficient to permit ARIANNE Relocation to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to ARIANNE Relocation’s designated agent at:
Attn: Copyright Agent
123-8457, boulevard Newman
Lasalle, Montreal, Quebec H8P 0A2 Canada
Disclaimers; Limitations of Liability
ARIANNE RELOCATION, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE, APPLICATIONS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARIANNE RELOCATION, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER ARIANNE RELOCATION NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE, APPLICATIONS OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE, APPLICATIONS OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Your Responsibility for Loss or Damage; Backup of Data
YOU AGREE THAT YOUR USE OF THE WEBSITE, APPLICATIONS AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD ARIANNE RELOCATION OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE, APPLICATIONS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
Limitation of Liability
THE LIABILITY OF ARIANNE RELOCATION AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARIANNE RELOCATION OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO ARIANNE RELOCATION OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, APPLICATIONS OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF ARIANNE RELOCATION AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ARIANNE RELOCATION AND YOU. THE WEBSITE, APPLICATIONS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, ANY OTHER AGREEMENT BETWEEN YOU AND ARIANNE RELOCATION OR BETWEEN YOU AND ANY OF ARIANNE RELOCATION’S THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ARIANNE RELOCATION’S THIRD-PARTY SERVICE PROVIDERS LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
Your Representations and Warranties
You represent and warrant that Your use of the Website, Applications and Services will be in accordance with this Agreement and any other ARIANNE Relocation policies and guidelines, and with any applicable laws or regulations.
Indemnity by You
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless ARIANNE Relocation and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Third-Party Service Providers (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website, Applications or Services; (iii) Your provision to ARIANNE Relocation or any of the Indemnified Parties of information or other data; (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
Governing Law; Jurisdiction and Venue
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Montreal, Quebec and shall be governed by and construed in accordance with the laws of the Province of Quebec without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
Requirement of Arbitration
You agree that any dispute, of any nature whatsoever, between You and ARIANNE Relocation arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration in Montreal, Quebec (unless You and ARIANNE Relocation mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of Quebec, Canada. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, reasonable attorney’s fees) to the prevailing party.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude You or ARIANNE Relocation from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or ARIANNE Relocation from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND PROVINCIAL COURTS LOCATED IN MONTREAL, QUEBEC; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by ARIANNE Relocation. Upon termination, all rights, licenses and obligations created by this Agreement will terminate, except that Sections 1-4, 6-13, 16-30 will survive any termination of this Agreement.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website, Applications and Services. Subsequent to termination, ARIANNE Relocation reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website, Applications and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
If ARIANNE Relocation, in ARIANNE Relocation’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, ARIANNE Relocation will be entitled to recover from You as part of such legal action, and You agree to pay, ARIANNE Relocation’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The ARIANNE Relocation Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. ARIANNE Relocation shall give any notice by email sent to the most recent email address, if any, provided by You to ARIANNE Relocation. You agree that any notice received from ARIANNE Relocation electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH ARIANNE RELOCATION IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY ARIANNE RELOCATION OF AN EMAIL TO THAT ADDRESS. You shall give any notice to ARIANNE Relocation by means of: (1) U.S. or Canadian mail, postage prepaid, to ARIANNE Relocation, 123-8457 boulevard Newman, Lasalle, Montreal, Quebec H8N 0A2 Canada; or (2) email to: [email protected] Notice to ARIANNE Relocation shall be effective upon receipt of notice by ARIANNE Relocation.
This Agreement constitutes the entire agreement between ARIANNE Relocation and You concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of ARIANNE Relocation or by the unilateral amendment of this Agreement by ARIANNE Relocation and by the posting by ARIANNE Relocation of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. ARIANNE Relocation may assign or transfer this Agreement at any time, with or without notice to You. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of ARIANNE Relocation. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and ARIANNE Relocation are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the ARIANNE Relocation Parties and the Indemnified Parties as and to the extent set forth in Sections 18, 21, 25 and 28(c), and ARIANNE Relocation’s licensors and suppliers as and to the extent expressly set forth in Section 23, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to ARIANNE Relocation and ARIANNE Relocation’s licensors and suppliers, and would therefore entitle ARIANNE Relocation or ARIANNE Relocation’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.