General Terms of Use OpinioPro  

1. Definitions

OpinioPro: a private company with limited liability, with its registered and principal office in the Netherlands, (2613 C.C.) Delft at De Vriesstraat 84, facilitating the website and service called OpinioPro;

The Client: each natural or legal entity that has subscribes to OpinioPro’s services;

The Website: OpinioPro’s website and its subdomains;

2. General  

These Terms of Use are applicable to all legal relationships between OpinioPro and the Client, as well as to all information and/or services provided to the Client on or through the Website. By subscribing to OpinioPro’s services, the Client agrees to be bound by the Terms of Use. Any deviation of these Terms of Use should be made clear in writing, and the applicability of any conditions of the Client is expressly rejected. OpinioPro may, without notice, revise these Terms of Use. It’s the Client’s responsibility to check the Terms of Use to insure compliance therewith. By continuing to use or access the services of OpinioPro, you agree to be bound by the revised Terms of Use.

3. Agreement, subscription and account

The agreement between OpinioPro and the Client will come to force upon the Client’s registration. The Client can end the agreement at any time by deleting the account. The Client who registers for subscription services provided by OpinioPro agrees to provide truthful and accurate information regarding his/her identity requested in user registration forms. If the Client registers as a legal entity, the legal entity is bound by this agreement. If the Client registers as a private person, the Client represents to be at least the required age (18 years). OpinioPro reserves the right to refuse in its sole discretion any request for service by any party.

After finishing registration or during registration, the Client will receive a user ID and password to access his/her account. The Client is prohibited to disclose his/her user ID and password to anyone, as he/she will be responsible for all activities which occur under his/her user ID and password. It’s the Client’s responsibility to notify OpinioPro immediately of any unauthorized use of the user ID and password, or any other breach of security as soon as the Client becomes aware of it.

4. Website purpose

The Website is created for informational purposes only. All information provided by OpinioPro, through the Website and/or through any other way, is intended to assist the Client. The information does not constitute any specific investment or financial advice, nor does it provide any legal or fiscal advice. OpinioPro has no intention to state, indicate or imply in any manner that current or past results are indicative of future results or expectations. Some information on the Website may contain projections and/or other forward-looking statements. These statements are only predictions. Actual events or results may differ materially.

All information on the Website has been obtained from sources, believed to be accurate and reliable. No representation or warranty, express or implied, is made by OpinioPro as to its reliability, accuracy or completeness.

5. Web-based service

The Client agrees that the OpinioPro services are provided “as-is” and OpinioPro cannot be responsible for the deletion, mis-delivery, timeliness or failure to store any personal settings, data and/or user communications. OpinioPro tries to keep the services bug-free and safe, but using it is at the Client’s own risk.

OpinioPro is a web-based application, which can be temporarily unavailable/offline. OpinioPro cannot be held liable for any damage arising from the service being unavailable. OpinioPro is authorized to shut down the system temporarily or limit its use without prior notice as needed in order to perform reasonably urgent maintenance. OpinioPro reserves the right to modify or discontinue provision of the application and the services.

6. No warranty

All information provided by OpinioPro is provided “as is”. Use of it is at the Client’s own risk. OpinioPro makes no warranties, representations or undertakings in respect thereof.

OpinioPro endeavours to ensure that all information provided by OpinioPro is accurate and correct. However, OpinioPro does not warrant the accuracy or completeness of any information provided. Provided information may contain typographical errors and/or other inaccuracies. Information might be out of date.

To the fullest extent permitted by law, OpinioPro expressly disclaims all representations and warranties, made expressly or implied, as to the Website and/or any matter related to the Website. OpinioPro disclaims all liability for errors and omissions in the Website and/or the materials contained in the Website.

7. Access subject to local restrictions

The Website is not directed to any person in any jurisdiction where the publication or availability of the Website and its content and services is contradictory to local laws or regulations. Persons with respect of whom such restrictions or prohibitions apply must not access or use the Website and/or OpinioPro’s services. By accessing the Website and/or using OpinioPro’s services the Client is solely responsible for compliance with applicable laws and regulations.

8. Liability

To the fullest extent permitted by law, OpinioPro (and its affiliates) excludes all liability whether in contract, tort, negligence, misrepresentation or otherwise for any direct or indirect loss or damage caused directly or indirectly by I) the Client’s use of, or inability to use OpinioPro’s services and/or the Website, II) any information or materials contained on the Website, or III) otherwise arising out of the access to and/or the use of OpinioPro’s Website and/or services. Under no circumstances OpinioPro will be liable for lost profits or lost opportunities, consequential, incidental, special or punitive, arising out of any use of or inability to use OpinioPro’s Website and/or services or any portion thereof.

OpinioPro will not be liable for any difficulty in use, delay, computer viruses, malicious code or other defect in the Website or any other problems experienced by the Client due to causes beyond OpinioPro’s control. OpinioPro shall not be liable for any damages of any type or kind to the Client’s computer, or viruses that may infect the Client’s computer.

OpinioPro will not be responsible for any failure (by the Client or any other third party) to comply with applicable federal, state and/or local laws.

In no event shall OpinioPro’s total liability to the Client exceed the amount paid by the Client for accessing OpinioPro’s Website and/or services.

The Client agrees to indemnify and hold OpinioPro harmless (and its affiliates and employees) from and against any and all damages, costs, liabilities, claims and expenses arising from the Client’s use of the Website.

Some jurisdictions limit the exclusion of damages or liability. If so, the above exclusions and limitations may not apply to the Client in such jurisdiction.

9. Intellectual property

Except as expressly provided herein, nothing in the Website nor in information provided by OpinioPro should be considered as granting any license or right to any copyright, patent or trademark or any other intellectual property rights of OpinioPro or any third party. OpinioPro (or OpinioPro’s licensors) retains all rights, titles and interest regarding all information and content on the website.

The Client is permitted to print and download extracts from the website and/or any information provided by OpinioPro only for personal reference and only provided that the author of any material is always acknowledged, and no documents or related graphics are modified or copied in any way. Any copyright-signs, trademarks or other proprietary notice may never be removed.

10. Privacy policy and links to other sites

All personal details provided by the Client will be processed in accordance with the OpinioPro Privacy Statement..

Links to third party websites are provided solely for the Client’s information and to inform the Client on topics that may be useful to the Client. OpinioPro however has no control over such (unaffiliated) websites. OpinioPro makes no warranties whatsoever concerning the content of such websites (including the accuracy, completeness and suitability thereof for any purpose). OpinioPro shall have no liability for third party content and/or websites. In addition, these third party websites may have security practices or privacy policies different from OpinioPro. Always read the policies of those websites before sharing personal information.

11. Other 

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

The failure of OpinioPro to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

The Terms of Use are governed and will be interpreted in accordance with Dutch law and courts. The court in the place of business of OpinioPro shall have exclusive jurisdiction to settle any claim or dispute, which might arise out of or in connection with the agreement between OpinioPro and the Client. 

This document was last updated on March 24, 2015