Terms of Use
Terms and
Conditions
This web site
(“web site” or “site”) is owned and operated by the Sperian Protection Group.
Throughout the site, the terms “Sperian Protection Group,” “Sperian Protection
,” “we,” “us,” and “our” refer to Sperian Protection S.A. and its affiliates
and subsidiaries.
If you do not agree to these Terms of Use, you may not use this site. Access to
this site and the use of its contents are subject to the conditions described
below. By using this site, you agree to abide by all of its terms.
Use of Materials from this Web Site
This web site and all of its contents (including but not limited to software,
files, graphics and data) are the property of and owned by the Sperian
Protection Group and are protected by copyright, trademark and other laws of France, the United States and other countries.
You may display and electronically copy, download and print hard copy portions
of the materials contained on the site, provided that you do not modify or
delete any copyright, trademark or other proprietary notice that appears on the
materials you copy, download or print. When you display, copy, download, or
print any materials on or from the site, they are provided to you by the
Sperian Protection Group under a license that is revocable. In particular, the
Sperian Protection Group may revoke such license, at any time without notice or
liability, if, in our sole judgment, you breach any term or condition of this
agreement. The Sperian Protection Group retains full and complete title to the
materials and to any and all of the associated intellectual property rights.
Any other use of the materials on the site, including but not limited to the
modification, distribution, transmission, performance, broadcast, reproduction,
publication, licensing, reverse engineering, transfer or sale of, or the
creation of derivative works from, any materials, information, software,
products or services obtained from the site, without the prior written
authorization of the Sperian Protection Group, is expressly prohibited.
Trademarks and Copyrights
This site features trademarks, service marks and other logos that are the
property of the Sperian Protection Group. The site may also include trademarks,
service marks or logos of other third parties. All of these trademarks, service
marks and logos are the property of their respective owners, and you agree not
to use them in any manner without the prior written permission of the
applicable owner. This site and all of its contents, including but not limited
to text, design, graphics, interfaces and code, and the selection and
arrangement thereof, is protected as a compilation under the copyright laws of
France, the United States and, if relevant, other countries.
Accuracy, Completeness and Timeliness of Information on
the Site
The Sperian Protection Group uses reasonable efforts to help make sure the
information posted on this site is accurate, complete and current. We cannot,
however, guarantee, and are not responsible for ensuring, the accuracy,
completeness or timeliness of the information available on the site. The
materials on the site are provided for general information only and should not
be relied upon or used as the sole basis for making significant decisions
without consulting primary or more accurate, more complete or more timely
sources of information. Any reliance upon the materials on this site will be at
your own risk. This site may contain certain historical information. Historical
information necessarily is not current and is provided for your reference only.
Subject to applicable local regulations, we reserve the right, at any time
without notice or liability, to terminate, suspend or discontinue any aspect of
this site, or to modify the contents of this site, but we have no obligation to
update any information on this site. You agree that it is your responsibility
to monitor changes to the site.
Materials and Other Communications You Submit
You acknowledge that you are responsible for any submission you make, including
the legality, reliability, appropriateness, originality and copyright of any
such materials. You may not upload to, distribute, or otherwise publish through
the site any content that is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable, or which may constitute or encourage a criminal offense, violate
the rights of any party or otherwise give rise to liability or violate any law.
You may not upload commercial content onto the site.
Subject to any applicable law, and to the requirements of our Privacy Notice,
any communications sent by you via this site or otherwise to the Sperian
Protection Group are submitted on a non-confidential basis, and the Sperian
Protection Group is under no obligation to refrain from reproducing, publishing,
modifying or otherwise using them in any way or for any purpose. Subject to
applicable local regulations, the Sperian Protection Group shall be free to use
the content of any such communication, including without limitation any ideas,
inventions, concepts, techniques or know-how disclosed therein, for any purpose
including without limitation developing, manufacturing and/or marketing goods
and services. You agree not to assert any ownership right of any kind in such
communications (including without limitation copyright, trade-mark, patent,
unfair competition, moral rights or implied contract) and you hereby waive the
right to receive any financial or other consideration in connection with such
communications, including without limitation acknowledgment of you as the
source of such communications. For greater certainty, this paragraph does not
apply to any personal information that you provide via this site or otherwise
to the Sperian Protection Group. For terms and conditions governing the collection,
use and disclosure of such information, please refer to the section herein
entitled “Privacy Notice”.
Links to Other Sites
This site may provide access to other Internet web sites. The Sperian
Protection Group does not control these sites, and you access them solely at
your own risk. The Sperian Protection Group also does not endorse or approve
any products or information offered at sites you reach through this site. Check
the URL address provided in your web browser to determine whether you are still
in this web site or have moved to another web site. The Sperian Protection
Group is not liable or responsible for the content of any site that links to
this site.
Privacy Notice
Any of your personal information that we collect via this site is subject to
our Privacy Notice and Privacy Policy,
the terms of which are incorporated into these Terms of Use.
Disclaimers
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR
ACCESS TO THE SITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. THE SPERIAN
PROTECTION GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT
MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE
SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON
THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, CORRECT, ADEQUATE, USEFUL OR
RELIABLE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN
DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE SPERIAN PROTECTION GROUP OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES,
SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE
THAT NEITHER THE SPERIAN PROTECTION GROUP NOR ANY OF ITS AFFILIATES,
SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES
RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY
OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE
OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE
INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER
VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION
OF TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS
LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE
TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR
IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN
IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless the Sperian Protection Group
and any of its affiliates, subsidiaries, officers, directors, employees,
agents, licensors, distributors and suppliers from and against all losses,
liabilities, expenses, damages and costs, including reasonable attorneys’ fees
and court costs, arising or resulting from any violation of these Terms of Use
or any activity related to your Internet account (including but not limited to
negligent or wrongful conduct), by you or any other person accessing the site
using your Internet account. If you cause a technical disruption of the site or
the systems transmitting the site to you or others, you agree to be responsible
for any and all losses, liabilities, expenses, damages and costs, including
reasonable attorneys’ fees and court costs, arising or resulting from that
disruption.
Changes to these Terms of Use
We reserve the right, at our complete discretion, to change these Terms of Use
at any time by posting revised terms on the site. It is your responsibility to
check periodically for any changes we may make to these Terms of Use. Your
continued use of this site following the posting of changes to these Terms of
Use means you accept the changes.
Choice of Law and jurisdiction
These Conditions are governed by and will be interpreted in accordance with
French law.
Any dispute
relating to or resulting from the validity, performance, interpretation or
constitution of these Terms of Use will be submitted to the exclusive
jurisdiction of Bobigny - France. However, the rules of legal competence may
apply if you are a private individual/consumer not acting in the context of a
professional activity
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, the
remaining provisions of the agreement will remain in place. This is the entire
agreement between you and the Sperian Protection Group regarding all aspects of
your use of this site.
How to Contact Us
If you have any questions or
comments about this website, contact us by:
• clicking
here, or
• writing us at:
Sperian Protection S.A.
Attn.: Legal Department
Z1 Paris Nord II – 33, rue des Vanesses
BP 55288
95958 Roissy CDG cedex, France
If you have any questions or comments about these Terms of Use, contact us by:
• clicking here, or
• writing us at:
Sperian Protection Americas
Attn.: Legal Department
900 Douglas Pike
Smithfield, RI 02917 USA
Updated 15-April, 2010