Resolution Of Disputes

1. Applicable Law And Jurisdiction

These Terms, Conditions and Privacy Policy shall be governed by the laws of the Netherlands without giving effect to the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION in Amsterdam, NL.

2. Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally resolve the dispute by binding arbitration governed by the laws of the Netherlands and the Dutch Arbitration Act. Any election to arbitrate, at any time, shall be binding on the other party. All disputes will be resolved by Arbitration as per book 4 of the Dutch Code of Civil Procedure (DCCP), also referred to as the Dutch Arbitration Act. All three legal remedies that may be available against an arbitral award: arbitral appeal, setting aside and revocation, will be available to the contracting parties.

Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with the Dutch Arbitration Act. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Amsterdam, NL.

3.Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

4. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. However, you also irrevocably and unconditionally consent hereby to the personal and subject matter jurisdiction of the courts in the Netherlands for purposes of any such action chosen by us.