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Terms of use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the 5GAA web site located at www.5gaa.org, and all associated sites linked to www.5gaa.org by 5GAA, its subsidiaries and affiliates, including 5GAA sites around the world (collectively, the “Site”). The Site is the property of 5GAA – 5G Automotive Association e.V. (5GAA) and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to 5GAA, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without 5GAA’s express prior written consent.

You may use information on 5GAA products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by 5GAA for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

 

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or allowed by law. 5GAA reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any 5GAA server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of 5GAA, including any 5GAA account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or 5GAA’s systems or networks, or any systems or networks connected to the Site or to 5GAA.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to 5GAA on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 5GAA or others.

 

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify 5GAA immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by 5GAA or any other user of or visitor to the Site due to someone else using your user ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s user ID, password or account at any time without the express permission and consent of the holder of that user ID, password or account. 5GAA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Privacy / Data Protection

The information/personal data that you provide about yourself to 5GAA will be used in accordance with 5GAA Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

By visiting 5GAA’s website with cookies enabled, and accepting cookies via our cookie consent tool you agree to the use of cookies as explained in the Cookie policy. For more information on how we use cookies and to manage your preferences see Cookie policy.

 

Links to Other Sites and to the 5GAA Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under 5GAA’s control, and 5GAA is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Disclaimers

5GAA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. 5GAA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. 5GAA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5GAA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST 5GAA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

5GAA reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitation of Liability

Except where prohibited by law, in no event will 5GAA be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if 5GAA has been advised of the possibility of such damages.

 

Indemnity

You agree to indemnify and hold 5GAA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, suppliers and licensors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against 5GAA by any third party due to or arising out of or in connection with your use of the Site.

 

Violation of These Terms of Use

5GAA may share information 5GAA has collected about you in certain situations to comply with court orders, laws or legal processes. For further details, see our 5GAA Privacy Policy.

You agree that 5GAA may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to 5GAA, for which monetary damages would be inadequate, and you consent to 5GAA obtaining any injunctive or equitable relief that 5GAA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies 5GAA may have at law.

You agree that 5GAA may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If 5GAA does take any legal action against you as a result of your violation of these Terms of Use, 5GAA will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to 5GAA. You agree that 5GAA will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

Governing Law and Jurisdiction

Unless otherwise specified, the Content and services described on this Site are available only to EU residents. The information on this Site is not directed at anyone other than EU residents.

These Terms of Use shall be governed by, and construed in accordance with, German law. The parties irrevocably agree that the courts of Germany shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of German courts.

For the exclusive benefit of 5GAA, 5GAA shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Use are entered into in the course of your trade or profession, the country of your principal place of business.

 

Miscellaneous

5GAA may, in its discretion, change these Terms of Use (including those that relate to your use of the Site). Whenever the Terms of Use are changed, 5GAA will notify you by e-mail or by publishing the revised terms on the website. If you use the Site after 5GAA has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published.

No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid. Rather, the Terms of Use will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms of Use must be filed in a court of competent jurisdiction in Germany, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.

5GAA provides access to 5GAA international data and, therefore, may contain references or cross references to 5GAA products, programs and services that are not announced in your country. Such reference does not imply that 5GAA in your country intends to announce such products, programs or services.

Notices to 5GAA must be given in writing, by letter, and sent to Neumarkter Strasse 21, 81673 Munich, Germany.

Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.

Headings in these Terms of Use are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms of Use.

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