EVOLUTION ENERGIE WEB SITE TERMS & CONDITIONS
These Terms of Conditions of this disclaimer were last updated on July 9th, 2014.
1. USE OF THE EVOLUTION ENERGIE WEB SITE
The Company hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site under the terms set forth below. The Web Site and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the Web Site, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms & Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of the Company. The Content is the exclusive property of the Company, and is protected by copyright and other intellectual property laws. “EVOLUTION ENERGIE”, “FLEXINERGY”, “SMARTINERGY” and “QUANTINERGY” are trademarks of the Company. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Web Site may be registered or unregistered marks of the Company or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of the Company or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by the Company to protect its proprietary interests in the Web Site.
As part of the registration process, you must select a username and password and provide the Company with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.
3. LIMITATION OF LIABILITY
THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. THE COMPANY DOES NOT MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEB SITE, THE WEB SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. EVOLUTION ENERGIE S.A.S SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FORANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE COMPANY NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.
The Company assumes no responsibility for the use of third party software on the Web Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
4. LINKS TO OTHER WEB SITES
You may, through hypertext or other computer links, gain access to Web Sites operated by persons other than the Company. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such Web Sites’ owners. You agree that the Company is not responsible for the content or operation of such Web Sites, and that the Company shall have no liability to you or any other person or entity for the use of third party Web Sites. Except as described below, a hyperlink from this Web Site to another Web Site does not imply or mean that the Company endorses the content on that Web Site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other Web Sites to which you link from the Web Site.
5. THE USER’S CONTENT
The User grants to the Company the non-exclusive right to use all material entered into the Web Site by the User (other than third-party material transmitted through private electronic mail) in any of the Company print or electronic publications (“Other Content”). Users entering material into the Web Site are responsible for the other content. The Company has no responsibility for other content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Web Site. However, the Company retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that the Company deems to be illegal, offensive, or otherwise inappropriate. The User agrees to indemnify the Company from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the Company, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement; or (ii) material entered into the Web Site with the use of the User’s screen name or password.
6. ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either the Company or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate. The Company may discontinue or change the Web Site or its availability to you, at any time. This Agreement constitutes the entire agreement between the parties relating to the Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of the Company to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of France, as if the Agreement was a contract wholly entered into and wholly performed within France, and any litigation related to this Agreement shall be brought exclusively in the courts in France. All rights not expressly granted herein are reserved.
7. ANTI-HACKING PROVISION
You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
- use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, ac-quire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent;
- obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
- in any way bypass or circumvent any other measure employed to limit or pre-vent access to the Web Site or its content;
- violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;
- take or attempt any action that, in the sole discretion of this Web Site’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation’s infrastructure.