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 TERMS AND CONDITIONS OF USE
 
These Terms and Conditions govern your access to, and use of, the website www.primuslex.com (hereinafter referred as the Website) and exclude any other agreement. The Terms and Conditions comprise three main sections: I. Terms, II. Privacy Policy, and III. Disclaimer. Please read all of them before using the Website. By continuing to access or use this site, you signify are accepting these Terms and Conditions. If, at any time, you do not wish to accept the terms and conditions of use, you may not use the site.
 
I. TERMS
 
  1. The Website is owned by Marcos Van Rafelghem (hereinafter referred as the Owner)

2. You represent that you have read and agree to be bound by the Terms and Conditions of Use ("TERMS") for the Website.

3. Intellectual Property. The Website, including but not limited to text, content, photographs, video, audio, and graphics, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights under the laws of Argentina and other countries. The Website is also protected as a collective work or compilation under Argentine copyright and other laws and treaties. All individual articles, columns, and other elements in this website are also copyrighted works.

4. Restrictions on Use. You may not use the Website for any illegal purpose or in any manner inconsistent with the TERMS. You agree to use the Website solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Website in any manner that could compete with the business of the Website.

5. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE WEBSITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE WEBSITE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED THE WEBSITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT THE OWNER'S PRIOR WRITTEN CONSENT. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE WEBSITE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK, OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER. THE WEBSITE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.

6. License. You acquire absolutely no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms and Conditions. Should you choose to download content from the Website, you must do so in accordance with the Terms. Such download is licensed to you by the Owner ONLY for your own personal, use in accordance with the TERMS and does not transfer any other rights to you.

7. Members: Registered users (Members) of the Website understand that the purpose of the Website is to be an open, free and fully interactive on-line forum and network for young lawyers worldwide to access and share information and ideas about international commercial arbitration and undertake to use the website and all information contained therein in for such purpose exclusively.
i) Membership can be terminated by the either the Member or the Owner at any time, without need of expressing the cause of such termination, without need of previous notice and without incurring in any kind of liability.
ii) The Member acknowledges that the information contained in their application forms will be freely available to other Members through the Website. THEREFORE, THE OWNER CANNOT TAKE ANY KIND OF RESPONSIBILITY RELATED IN ANY FORM TO ANY POTENTIAL MISSUSE OF MEMBERS’ PERSONAL INFORMATION BY THIRD PARTIES. iii) The Member undertakes to use the information of other Members exclusively for the purpose of professional networking. THE MEMBER UNDERTAKES TO TREAT THE INFORMATION ABOUT OTHER MEMBERS AS CONFIDENTIAL AND NOT TO DISCLOSE IT TO ANY OTHER PERSON OR INSTITUTION.
iv) The Member acknowledges that any and all services provided or contributions made to the Website will be ad honorem, except otherwise stated in writing.

8. Disclaimer and Limitation of Liability. The materials contained in the Website have been prepared for informational purposes only and are not legal or professional advice. Although care is taken, this information has been provided by a variety of sources and the accuracy of such information cannot be guaranteed. Accordingly, we make no representation, express or implied, or assume any legal liability or responsibility for the accuracy, completeness or usefulness of this information. This information is not intended to create, and receipt of it does not constitute, an attorney-client or similar relationship. You should not act upon this information without seeking professional counsel.

9. You agree that your use of the Website is at your sole risk. You acknowledge that the Website is provided for information purposes only and is not intended for trading nor legal or other advisory purposes.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE OWNER, THE SUBSCRIBERS AND ANY OTHER THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

11. Indemnification. You agree, at your own expense, to indemnify, defend, and hold harmless the Owner and their respective employees, partners, representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against them by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the Website including but not limited to (i) your use or someone using your computer's use the Website; (ii) a violation of the Terms by you or anyone using your computer; (iii) a claim that any use of the Website by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Website by you or someone using your computer; (v) any misrepresentation or breach or representation or warranty made by you contained herein; or (vi) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

12. Termination. Either you or the Owner may terminate the TERMS with or without cause at any time and effective immediately. You may terminate the TERMS by discontinuing use of the Website and destroying all materials obtained from it. These TERMS will terminate immediately without notice from the Owner if you, in the Owner's sole discretion, fail to comply with any provision of these TERMS. Upon termination by you or upon notice of termination by the Website, you must destroy promptly all materials obtained from the Website and any copies thereof.

13. Governing Law and Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of the Argentine Republic, and the Province of Buenos Aires. You agree to submit to the personal jurisdiction of the courts located in the Province of Buenos Aires with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the TERMS.

14. You accept that the Owner has the right to change the content or technical specifications of any aspect of the Website at any time at their sole discretion. You further accept that such changes may result in your being unable to access the Website.
 
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II. PRIVACY POLICY
 
  This privacy policy applies to the web site www.primuslex.com and covers the way in which the Owner collects and uses personal information, and under which circumstances this information is disclosed to third parties. Use of this site implies consent with the terms and conditions of this privacy policy. This policy applies to information from private individuals as well as information from companies.

1. The information collected: information is collected from users of the Website by:

  • Automatically collected information: We receive and collect the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer used; the browser software used and the operating system; the date and time of access to our site; and the Internet address of the web site from which you linked directly to our site. We use this information to monitor the usage of our site, exclusively for internal and support purposes.


  • Information from your subscription: when you subscribe to any or all of the products or services that can be accessed at the Website, you must provide information identifying you as a customer. We use this personal customer information for internal administrative purposes and for mailing information on related products. We may also share this information with arbitral institutions which may be interested in contacting or knowing about you exclusively for arbitration-related matters. You may opt-out from us using your information for this purpose at any time by emailing us at: info@primuslex.com


  • 2. Use of personal customer information: Personal customer information is used for internal administrative purposes, such as bookkeeping, and for generating statistics used by marketing and internal business administration. Occasionally, we use personal customer information to market products and services. You can also opt-out from us using your information for this purpose at any time by emailing us at: info@primuslex.com

    3. Communications: You may receive the following communications from the Website: Emails related to transaction maintenance activities, such as order confirmations and order updates and communications containing information about the Website and its partners, products and services.

    4. Correcting and removing your personal information: For corrections to personal customer information, or for having personal customer information removed from our systems, please mail info@primuslex.com. Please note that it is not possible to have personal customer information removed as long as you are subscribing to any of our products or services.

    5. Changes to Privacy Policy: The Owner reserves the right to modify or amend this policy at any time by posting the revised privacy policy on the Website.

    6. For questions or comments concerning our privacy policy, please email: info@primuslex.com.
     
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    III. DISCLAIMER
     
      Although care is taken to ensure the integrity, quality and availability of this service and the information herein, the Owner cannot provide any guarantee that this service and/or the information contained are complete or accurate. The Owner shall therefore not be liable for any loss or damage arising from or in relation to the use of the Website to an eventual omission, inaccuracy or error, regardless of the cause, found in this service, or to the temporary impossibility to access the service or the information contained.
     
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     Copyright © 2005, Marcos Van Rafelghem
     
    All rights reserved. These pages are made available for personal use only and as such cannot be reproduced or transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), or used for advertising or promotional purposes, general distribution, creating new collective works, or for resale, without written permission of the publisher. Please contact us at info@primuslex.com.
     
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     Terms and Conditions Copyright 2005 Marcos Van Rafelghem