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Terms of use

This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of www,BaseOilMarket.com which is identified by the uniform resource locator www.baseoilmarket.com ("BaseOilMarket.com"). This Agreement is entered  between you as the user of BaseOilMarket.com (the" User") and the founder of www.baseoilmarket.com, Losiwo B.V. ("Losiwo").

1.Application of and Acceptance of Terms and Conditions

1.1 For purposes of this Agreement, a User is any person who accesses BaseOilMarket.com for whatever purpose, regardless of whether said User has registered with BaseOilMarket.com as a registered User or whether said User is a paying customer for a specific service provided by BaseOilMarket.com. A User includes the person using this BaseOilMarket.com and any legal entity which may be represented by such person under actual or apparent authority.

1.2 By accessing or using BaseOilMarket.com, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of BaseOilMarket.com and any further upgrade, modification, addition or change to BaseOilMarket.com. If you do not accept all of the terms and conditions of this Agreement, please do not use BaseOilMarket.com.

1.3 This Agreement applies to each User.

1.4 Losiwo may amend this Agreement at any time by posting the amended and restated Agreement on BaseOilMarket.com. The amended and restated Agreement shall be effective immediately upon posting. Posting by Losiwo of the amended and restated Agreement and your continued use of BaseOilMarket.com shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Losiwo.

2.Access to BaseOilMarket.com

2.1 Access to BaseOilMarket.com is provided to all Users free of charge. However, Losiwo reserves the right, with prior notice, to restrict access to (all) areas or features of BaseOilMarket.com to paying Users or Users who undergo a specific registration process.

2.2 Losiwo reserves the right to deny Users for whatever reason in order to protect the interests of BaseOilMarket.com. 

In case of subscription fee. 

2.3 The Users liability to pay the subscription fee arises on the date of the request. No access to the BaseOilMarket.com will be provided until Losiwo has received the subscription fee.

2.4 Unless otherwise stated, subscription shall be for 12 months from the date Losiwo has received the subscription fee. The User acknowledges that should the User cancel the subscription prior to the expiry of its subscription period there will be no refund of the subscription fee.

2.5 The User acknowledges that should the User cancel the subscription, the User should do so three months in writing/mail before the end of its subscription period. If not, the subscription and he liability to pay the subscription fee will be extended by Losiwo for another period of 12 months.

3.Users Generally

3.1 Users may use BaseOilMarket.com solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, directories, files, databases or listings available on or through BaseOilMarket.com (the " Losiwo Content") for the purpose of re-selling or re-distributing the Losiwo Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with BaseOilMarket.com, or otherwise commercially exploiting the Losiwo Content. Systematic retrieval of the Losiwo Content from BaseOilMarket.com to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Losiwo is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

3.2 Some of the Losiwo Content displayed on BaseOilMarket.com is provided or posted by third parties ("Third Party Content"). Losiwo is not the author of Third-Party Content, whether contributed by anonymous users or paid content providers. Neither Losiwo nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such Third Party by virtue of our display of the Third Party Content on BaseOilMarket.com. Any Third Party Content is the sole responsibility of the party who provided the content. Losiwo is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Losiwo is not responsible for the conduct of any User's activities on BaseOilMarket.com, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

3.3 Losiwo may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Losiwo has no control over such third party's web site, does not monitor such sites, and Losiwo shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.

3.4 Messages or information sent by a User through communication systems provided by BaseOilMarket.com, or through emails, fax or letters to addressees obtained from BaseOilMarket.com, shall not contain any of the materials described in the provisions of Section 4.5 below.

3.5 Losiwo reserves the right to limit, deny or create different access to BaseOilMarket.com and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use BaseOilMarket.com wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Losiwo be liable to the User or any third parties for any inability to use BaseOilMarket.com (whether due to disruption, limited access, changes to or termination of any features on BaseOilMarket.com or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use BaseOilMarket.com or any of its features.

3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Losiwo and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.

3.7 We urge that you read BaseOilMarket.com's Privacy Policy on www.baseoilmarket.com which governs the protection and use of each User's information in Losiwo’ possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that Losiwo may change the Privacy Policy from time to time provided that Losiwo shall make available the updated version of the Privacy Policy on BaseOilMarket.com at all times. Your continuation of use of BaseOilMarket.com shall be deemed to be your acceptance of the Privacy Policy which is then displayed on BaseOilMarket.com at the time of such use.

3.8 As a condition of your access to and use of baseoilmarket.com, you agree that you will not use the baseoilmarket.com service to infringe the intellectual property rights of others in any way. Losiwo will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, Losiwo reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the baseoilmarket.com service, or if Losiwo believes that user conduct is harmful to the interests of baseoilmarket.com, its affiliates, or other users, or for any other reason in Base Oil Markets sole discretion, with or without cause.

4.Registered Users

4.1 Each User who has filled out an on-line registration form on BaseOilMarket.com by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of BaseOilMarket.com (a "Registered User"). BaseOilMarket.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("Username") and password ("Password") for log-in access to its own Account.

4.2 Losiwo may assign a web-based email account with limited storage space for the User to send or receive email (the "Email Account"). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.

4.3 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Losiwo during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

4.4 Losiwo may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Losiwo determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Losiwo has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Losiwo believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Losiwo, other Users or its affiliates.

4.5 The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

4.6 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, Username or Password to a third party without the prior written consent of Losiwo. Losiwo may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

4.7 Notwithstanding Section 4.1 above, Losiwo may refuse registration and deny the issuance of an Account and/or Email Account and associated Username and Password to any User for whatever reason.

5.Users Who Post Information on www.baseoilmarket.com

5.1 You must be a Registered User in order to post information on BaseOilMarket.com. Your status as a Registered User is governed by the provisions of Section 4 above.

5.2 Each User hereby represents, warrants and agrees to (a) provide Losiwo with true, accurate, current and complete information to be displayed on BaseOilMarket.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to Losiwo to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

5.3 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on BaseOilMarket.com or provides to Losiwo or authorizes Losiwo to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on BaseOilMarket.com, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on BaseOilMarket.com, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on BaseOilMarket.com or provides to Losiwo or authorizes Losiwo to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on BaseOilMarket.com, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.Losiwo is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Right, and shall not be liable to any User in connection with such User's reliance of such Third Party Right. In addition, Losiwo is not responsible for the conduct of any User's activities on BaseOilMarket.com, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

5.4 Each User hereby represents, warrants and agrees that information submitted to Losiwo for display on BaseOilMarket.com shall not:

    1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
    2. be part of a scheme to defraud other Users of BaseOilMarket.com or for any other unlawful  purpose;
    3. relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
    4. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
    5. be defamatory, libellous, unlawfully threatening or unlawfully harassing;
    6. be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
    7. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    8. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
    9. solicit business from any Users in connection with a commercial activity that competes with Losiwo;
    10. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
    11. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;
    12. or otherwise create any liability for Losiwo or its affiliates.

5.5 Losiwo reserves the right in its sole discretion to remove any material displayed on BaseOilMarket.com which it reasonably believes is unlawful, could subject Losiwo to liability, violates this Agreement or is otherwise found inappropriate in Losiwo's opinion. Losiwo reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Losiwo may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Losiwo shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Losiwo for such disclosure. In connection with any of the foregoing, Losiwo may suspend or terminate the Account of any User as Losiwo deems appropriate in its sole discretion. User agrees that Losiwo shall have no liability to User, including no liability for consequential or any other damages, in the event Losiwo takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Losiwo may take such actions.

6.Transactions between Users

6.1 Through BaseOilMarket.com, Losiwo provides an electronic web-based platform for exchanging information between Users of products and services. Losiwo does not represent the Users in specific transactions and does not charge any commissions from completing any transactions. As a result, Losiwo does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered on BaseOilMarket.com or the ability of the Users to complete a transaction.

6.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Losiwo uses several techniques to verify the accuracy of the information our users provide us when they register on BaseOilMarket.com. However, because user verification on the internet is difficult, Losiwo cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on BaseOilMarket.com, as well as common sense, to evaluate with whom you are dealing.

6.3 Each User acknowledges that it is fully assuming the risks of transactions when using BaseOilMarket.com to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using BaseOilMarket.com. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on BaseOilMarket.com may violate or may be asserted to violate Third Party Rights/Content, and the risk that User may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights/Content, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights/Content claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of  BaseOilMarket.com as a result of purchase and sale transactions in connection with using BaseOilMarket.com may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each User agrees that Losiwo shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

6.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of BaseOilMarket.com, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

6.5 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Losiwo (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.  

7.Limitation of Liability

7.1 The features and services on BaseOilMarket.com are provided on an “as is” and “as available” basis, and BaseOilMarket.com hereby expressly disclaims any and all warranties, express or implied, including but not limited tot any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.

7.2 BaseOilMarket.com makes no representations of warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of currentness of any information provided on or through BaseOilMarket.com. BaseOilMarket.com does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sales and/or use of products of services offered or displayed on BaseOilmarket.com does not violate any third party rights and BaseOilMarket.com makes no representations of warranties of any kind concerning any product of service offered of displayed on BaseOilMarket.com.

7.3 Any material downloaded or otherwise obtained through BaseOilMarket.com is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from BaseOilMarket.com or through or from BaseOilMarket.com shall create any warranty not expressly stated herein.

7.4 Under no circumstances shall Losiwo be held liable for an delay or failure or disruption of the content or services delivered through BaseOilMarket.com resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

7.5 Each User hereby agrees to indemnify and save Losiwo, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of BaseOilMarket.com (including but not limited to the display of such User's information on BaseOilMarket.com) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Losiwo, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to BseOilMarket.com, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to indemnify and save Losiwo, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on BaseOilMarket.com. Each User hereby further agrees that Losiwo is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Losiwo reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Losiwo in asserting any available defences.

7.6 Losiwo shall not be liable for any special, direct, indirect, punitive, exemplary, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information even if Losiwo has been advises of the possibility of such damages), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

  1. the use or the inability to use BaseOilMarket.com;
  2. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through BaseOilMarket.com;
  3. violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on BaseOilMarket.com may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
  4. unauthorized access by third parties to data or private information of any User;
  5. statements or conduct of any User of BaseOilMarket.com; or any matters relating to services however arising, including negligence. 

7.7 Data is provided by BaseOilMarket.com. Reproduction in any manner without the prior written permission of BaseOilMarket.com and Losiwo B.V. is expressly prohibited. NEITHER THE BASEOILMARKET.COM NOR LOSIWO B.V. GUARANTEES THE ACCURACY AND/OR COMPLETENESS OF THE ASSESSMENT OR ANY OF THE DATA INCLUDED THEREIN. BASEOILMARKET.COM AND/OR LOSIWO B.V. MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE RESULTS TO BE OBTAINED BY ANY PERSON OR ENTITY FROM USE OF THE ASSESSMENT, TRADING BASED ON THE ASSESSMENT, OR ANY DATA INCLUDED THEREIN IN CONNECTION WITH THE TRADING OF THE CONTRACTS, OR FOR ANY OTHER USE. BASEOILMARKET.COM NOR LOSIWO B.V. MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE ASSESSMENT OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FORGOING, IN NO EVENT SHALL BASEOILMARKET.COM OR LOSIWO B.V.  HAVE ANY LIABILITY FOR ANY LOST PROFITS OR INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

8.Intellectual Property Rights

8.1 Losiwo is the sole owner or lawful licensee of all the rights to BaseOilMarket.com and the Losiwo Content. BaseOilMarket.com and teh Losiwo Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in BaseOilMarket.com and the Losiwo Content shall remain with Losiwo, its affiliates or licensors of the Losiwo Content, as the case may be. All rights not otherwise claimed under this Agreement or by Losiwo are hereby reserved.

8.2 BaseOilMarket.com and Losiwo and related icons and logos are registered trademarks or trademarks or service marks of Losiwo in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

9.Notices

9.1 All notices or demands to or upon Losiwo shall be effective if in writing and shall be duly made when sent to Losiwo in the following manner: to Losiwo B.V., Pompmolenlaan 13, 3447 GK, Woerden, The Netherlands.

9.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Losiwo, or by posting such notice or demand on an area of BaseOilMarket.com that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:

  • Losiwo is able to demonstrate that communication, whether in  physical or electronic form, has been sent to such User.
  • Immediately upon Losiwo is posting such notice on an area of  BaseOilMarket.com that is publicly accessible without charge.
10.General

10.1 This Agreement and the Privacy Policy constitute the entire agreement between the User and Losiwo with respect to access to and use of BaseOilMarket.com, superseding any prior written or oral agreements in relation to the same subject matter herein.

10.2 Losiwo and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

10.3 All prices provided on BaseOilMarket.com are provided for information purposes only and do not constitute a legal contract between Losiwo and any person or entity unless. Prices on BaseOilMarket.com are subject to change without prior notice. Although every reasonable effort is made to present current and accurate price, Losiwo makes no guarantees of any kind.

10.4 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

10.5 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

10.6 Losiwo failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Losiwo right to act with respect with subsequent or similar breaches.

10.7 Losiwo shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any person or entity.

10.8 This Agreement shall be governed by, enforced, interpreted and construed in accordance with Dutch Law (the laws of the Netherlands) without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of the Netherlands (Dutch Court).

 

 

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