Terms of Use

Last Updated: January 2025

Welcome to usearistang ("we", "us", "our", or "Company"), a website and service accessible at usearistang.cfd (the "Website"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and usearistang, with legal entity name usearistang, governing your access to, use of, and participation in the Website and all services, content, and features offered thereon (collectively, the "Services"). By accessing, browsing, or using this Website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, please do not access or use this Website.

1. Acceptance of Terms and Conditions

By clicking "Accept", scrolling through this page, or continuing to use the Website, you explicitly agree to comply with and be legally bound by these Terms of Use and all applicable laws and regulations. These Terms apply to all visitors, users, and others who access the Website. usearistang reserves the right to modify these Terms at any time. Your continued use of the Website following any modifications constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for updates. We will make reasonable efforts to notify you of significant changes through email or prominent notices on the Website.

If you are accessing the Website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" refers to both the individual user and the entity on whose behalf they are acting.

2. Description of Services

usearistang provides various online services through the Website, which may include but are not limited to information provision, software tools, digital content, consulting services, and other offerings as described on the Website. The specific services available may change from time to time at our sole discretion. We strive to maintain accurate and current information on the Website; however, we do not guarantee that all information is always complete, accurate, or error-free.

The Services are provided on an "as-is" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We further reserve the right to restrict access to certain portions of the Website or the entire Website to any user at any time, in our sole discretion.

3. User Eligibility and Responsibilities

3.1 Eligibility: You must be at least 18 years of age, or the legal age of majority in your jurisdiction, whichever is greater, to use this Website. By using the Website, you represent and warrant that you meet these age requirements. If you do not meet these requirements, you are not authorized to use the Website, and you must immediately discontinue access.

3.2 Account Creation and Security: If you are required to create an account to access certain Services, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree not to share your credentials with any third party. You are responsible for all activities that occur under your account, whether authorized by you or not. You agree to immediately notify usearistang of any unauthorized use of your account or any other breach of security. usearistang will not be liable for any loss or damage arising from your failure to maintain account security.

3.3 User Responsibilities: You agree to use the Website and Services only for lawful purposes and in a manner that does not violate any applicable laws or regulations, infringe upon the rights of others, or interfere with the normal operation of the Website. Specifically, you agree not to:

• Engage in any form of harassment, abuse, or threatening behavior toward other users or usearistang staff
• Post, upload, or transmit any content that is illegal, defamatory, obscene, discriminatory, or infringes upon intellectual property rights
• Attempt to gain unauthorized access to the Website, user accounts, or any other computer systems
• Use any automated tools, bots, scrapers, or similar technologies to access or download content from the Website without explicit written permission
• Reverse engineer, decompile, or attempt to discover the source code or underlying technology of the Website
• Engage in any form of spam, including unsolicited advertising or promotional content
• Introduce viruses, malware, or any other malicious code to the Website
• Interfere with or disrupt the normal operation of the Website or the Services
• Collect or track personal information about other users without consent
• Use the Website for any commercial purpose without prior written consent from usearistang

4. Intellectual Property Rights

4.1 Ownership: All content on the Website, including but not limited to text, graphics, logos, images, audio files, video files, software code, design elements, and any other materials (collectively, "Content"), is the exclusive property of usearistang, its affiliates, licensors, or content providers, and is protected by international copyright laws, trademark laws, and other intellectual property laws.

4.2 Limited License: By accessing the Website, usearistang grants you a limited, non-exclusive, non-transferable, and revocable license to view and use the Content solely for your personal, non-commercial use. This license does not permit you to:

• Reproduce, copy, or distribute the Content
• Modify, translate, or create derivative works based on the Content
• Remove or alter any copyright, trademark, or other proprietary notices
• Use the Content for any commercial, public, or broadcast purpose
• Transfer, sell, or assign the license to any third party

4.3 User-Generated Content: If the Website allows you to submit, post, or upload content (including comments, reviews, or other materials), you grant usearistang a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media. You represent and warrant that you own all rights to any user-generated content you submit and that its use by usearistang does not infringe upon any third-party rights. usearistang does not endorse, verify, or take responsibility for the accuracy or legality of user-generated content.

4.4 Trademarks: usearistang, the usearistang logo, and all related names, logos, and trademarks are the property of usearistang or its licensors. You may not use these trademarks without prior written consent from usearistang.

5. Disclaimer of Warranties

5.1 As-Is Basis: The Website and all Services, Content, and materials are provided on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind, either expressed or implied. usearistang expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

5.2 No Guarantee of Accuracy: usearistang does not warrant that the Content is accurate, complete, error-free, uninterrupted, or free from viruses or other harmful components. While we endeavor to provide accurate information, we make no representations regarding the accuracy, reliability, or completeness of any information on the Website.

5.3 Third-Party Content: The Website may contain links to third-party websites, resources, and services that are not controlled or operated by usearistang. usearistang does not endorse, warrant, or assume responsibility for the content, accuracy, or practices of any third-party websites or services. Your use of third-party websites is at your own risk and subject to their terms and conditions.

5.4 Service Availability: While we strive to maintain continuous service availability, usearistang does not guarantee that the Website will be available at all times or that the Services will be uninterrupted. The Website may be subject to maintenance, updates, or unexpected downtime, for which usearistang shall not be liable.

6. Limitation of Liability

6.1 Exclusion of Damages: To the fullest extent permitted by applicable Austrian law, usearistang shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of the Website or Services, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, even if usearistang has been advised of the possibility of such damages.

6.2 Cap on Liability: usearistang's total liability to you for any claims arising out of or related to these Terms or your use of the Website shall not exceed the amount you have paid to usearistang in the twelve months preceding the claim, or EUR 100 (one hundred euros) if no payment has been made. This limitation applies regardless of the legal theory on which the claim is based.

6.3 Essential Terms: usearistang acknowledges that these limitations may not apply to mandatory liabilities under Austrian consumer protection laws. The limitations in this section do not apply to liability for death, personal injury, or fraudulent misrepresentation.

7. Indemnification

You agree to indemnify, defend, and hold harmless usearistang, its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and court costs) arising out of or in connection with:

• Your violation of these Terms or any applicable law
• Your violation of the rights of any third party, including intellectual property rights, privacy rights, or other personal rights
• Your use of the Website or Services
• Any content you submit, post, or transmit through the Website
• Any activity conducted under your account

This indemnification obligation applies regardless of whether usearistang was negligent or aware of the possibility of such claims.

8. Governing Law and Jurisdiction

8.1 Governing Law: These Terms of Use and all matters relating to the Website and Services shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

8.2 Jurisdiction and Venue: You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Vienna (Wien), Austria for the resolution of any disputes, claims, or legal proceedings arising out of or related to these Terms or your use of the Website. However, usearistang retains the right to seek injunctive or equitable relief in any court of competent jurisdiction.

8.3 Consumer Disputes: If you are a consumer as defined under Austrian law, you may have additional rights. Disputes with usearistang may be subject to alternative dispute resolution mechanisms available in Austria, including mediation services provided by the Austrian Arbitration Centre or consumer protection organizations.

9. Dispute Resolution

9.1 Informal Resolution: Before pursuing any formal legal action, you agree to attempt to resolve any dispute with usearistang through good-faith negotiation. You agree to contact usearistang at [email protected] with a detailed description of the dispute, and both parties will work toward a mutually acceptable resolution within thirty (30) days.

9.2 Mediation: If informal negotiation does not resolve the dispute, either party may initiate mediation through a mutually agreed-upon mediator or through a professional mediation service recognized in Austria. The costs of mediation shall be shared equally by both parties unless otherwise agreed.

9.3 Legal Proceedings: If mediation does not result in resolution, either party may pursue legal proceedings in the competent courts of Vienna, Austria, as set forth in Section 8.2 above.

10. Modification of Terms

usearistang reserves the right to modify these Terms at any time at its sole discretion. Any modifications to these Terms will be effective upon posting to the Website. Your continued use of the Website following the posting of modified Terms constitutes your acceptance of the modifications. We recommend that you review these Terms regularly to remain informed of any changes. If you do not agree with any modifications, you must immediately cease using the Website.

In the event of material changes that adversely affect your rights, usearistang will make reasonable efforts to provide notice through prominent notification on the Website or via email to the address associated with your account, if applicable. Your continued use of the Website after such notice constitutes your acceptance of the modified Terms.

11. Termination

11.1 Termination by You: You may terminate your use of the Website at any time by discontinuing access. Upon termination, your rights to use the Website and Services will immediately cease.

11.2 Termination by usearistang: usearistang may terminate or suspend your access to the Website and Services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law
• Violation of the rights of third parties
• Engaging in illegal or unethical conduct
• Breach of any material term herein
• Inactivity for an extended period, as determined by usearistang
• Non-compliance with any notices or requests from usearistang

11.3 Effect of Termination: Upon termination, your license to access and use the Website shall immediately cease. usearistang shall have no obligation to maintain any data, content, or account information associated with your account following termination. usearistang shall not be liable to you or any third party for any termination of your access or the consequences thereof.

11.4 Survival: The following sections shall survive any termination or expiration of these Terms: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, Severability, and any other provisions that by their nature are intended to survive.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect. However, if a severed provision is material to these Terms, both parties shall negotiate in good faith to establish a valid replacement provision that achieves the original intent as closely as possible and is enforceable under applicable law.

13. Force Majeure

usearistang shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters, including earthquakes, floods, or storms
• Wars, terrorism, civil unrest, or acts of government
• Pandemics, epidemics, or public health emergencies
• Strikes, labor disputes, or other labor-related actions
• Infrastructure failures, including power outages or internet disruptions
• Third-party actions or failures beyond usearistang's reasonable control

In the event of a force majeure occurrence, usearistang will make reasonable efforts to mitigate the impact on the Services and resume normal operations as quickly as possible. usearistang will provide timely notice to users of any extended service disruptions caused by force majeure events.

14. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and usearistang regarding the Website and Services and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, between the parties. No course of dealing, course of performance, or trade practice shall modify these Terms unless expressly agreed to in writing by an authorized representative of usearistang.

15. Waiver

The failure of usearistang to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of usearistang to be valid. The waiver of any breach shall not constitute a waiver of any subsequent breach.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Use or your use of the Website, please contact usearistang using the contact information below:

These Terms of Use were last updated in January 2025 and are valid for users accessing the Website from Austria and internationally. By continuing to use the Website after reading these Terms, you acknowledge your full understanding and acceptance of all provisions herein.