4.5. Services provided by third parties. absence.io may, at their sole discretion, use third parties to provide their services. 5.10.3. Excluding claims related to the customer`s specifications. Customer complaints are also excluded to the extent that the breach results from compliance with the customer`s specifications and to the extent that the violation results from the modification of products, the combination of products with supplements or the use of products or parts of them during the execution of a procedure, without the products themselves infringing the right of industrial property. 9.2. Customer use of data. If the customer collects, processes or uses personal data with the software, he is responsible for being able to do so, including in accordance with applicable data protection rules, and he will exempt absence.io from third party rights in the event of a breach. Then AnimalFeed filed an application for class arbitration in New York. The parties agreed that a panel of arbitrators would determine whether class arbitrations were appropriate under the power compromise clause. As part of this process, the parties decided that the compromise clause on the issue of class arbitration was silent. 5.13.1.
Ancillary oral restrictions and form clause. No ancillary agreement was made; The additions and amendments to this contract are only valid if they are made in writing; this provision also applies to a possible waiver of this written form clause. 5.8.5. Inhibition of time limitation. The obstruction of time limitation in negotiations between contracting parties on the existence of client rights because of a claimed defect is limited to the right invoked. Negotiations with an inhibition effect begin from the moment absence.io received the written description of the alleged defect. The inhibition effect negotiations end on the date on which absence.io corrected the default or failure, a contractor notified in writing that the negotiations had stopped, if not 3 months after receiving the last statement from a contractor regarding the alleged default by the other contractor. 12.4. Text form. Ancillary agreements, additions or changes to the contract must be written. The same goes for the abandonment of this requirement of form.
8.1. Abuse. The customer must not abuse absence.io, including by publishing or disseminating illegal, defamatory or manifestly pornographic or otherwise offensive content, or by using technical instruments or methods that may alter or alter the functioning of absence.io. In the event of abuse of absence.io affecting benefits absence.io for third parties, absence.io reserves the right to terminate the contract for stolen reasons. absence.io are entitled to immediately remove illegal and/or inappropriate content from the Customer. The client also undertakes to protect the data access to his account from unauthorized disclosure to third parties. In Stolt-Nielsen S.A. v. AnimalFeeds International Corp.
(No. 08-1198), 559 U.S. — (2010), the Supreme Court refused to impose a class arbitration procedure for which the parties had not previously agreed. 5.1.4. Agreements to execute the order and product characteristics. All agreements between the customer and absence.io regarding the execution of an order must be recorded in writing. The characteristics of the products that the customer expects to absence.io according to public statements, particularly in advertising, are considered to be part of the agreed characteristics and conditions only if they are repeated in the written agreement.