This set of rags has found its way into the canon of derivatives. Google “is missing a written agreement between the parties who expressly impose contrary obligations for this transaction,” in quotation marks  if you don`t believe me. There are 2000 strokes for this sentence. If there is no meaning in saying “unless otherwise agreed”, how fantastic should it be to say “without a written agreement between the parties that explicitly imposes positive contrary obligations for this transaction”? 4.5. Services provided by third parties. absence.io may, at its discretion, engage third parties for the provision of its services. 1.2. Scope. The following terms and conditions apply to all contracts between absence.io and customers who have registered to use the software (“Customer”). 5.4.3. Proprietary and copyright rights in the materials.
If the customer uses the software for the collection, processing or use of personal data, he is responsible for being authorized to do so, in particular under the provisions in force on data protection, and releases absence.io claims of third parties in the event of a violation of the law. Because of the fundamental differences between class arbitrations and bilateral arbitrations, the arbitration agreement alone cannot be interpreted as an agreement to adopt a collective arbitration. The Tribunal therefore held that the absence of agreement on the acceptance of a class arbitration is inconsistent with the FAA the imposition of a pooled arbitration procedure for the parties. . . .