Terms of Use
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
The laws of the State of Rhode Island in the United States govern these
Terms of Use and your use of the site. This site has been designed to
comply with the laws of the State of Rhode Island and the United States.
The businesses conducted by the Sperian Protection Group operate in various
countries throughout the world. If any material on this site, or your
use of the site, is contrary to the laws of the place where you are when
you access it, then the site is not intended for you, and we ask you not
to use the site. You may not use or export materials on or from this site
in violation of United States or other relevant export laws and regulations.
You are responsible for informing yourself of the laws of your jurisdiction
and complying with them.
Arbitration
Any and all disputes arising out of the use of this site will be referred
to and finally settled by private and confidential binding arbitration
before a single arbitrator held in the State of Rhode Island in the United
States in English and governed by Rhode Island law. The arbitrator shall
be a person who is legally trained and who has experience in the information
technology field in the United States and is independent of either party.
Notwithstanding the foregoing, in respect of any
matter relating to the enforcement of intellectual property rights and
the protection of confidential information, each party may pursue remedies,
including injunctive or equitable relief, in which circumstance the parties
hereby agree to submit to the jurisdiction of the courts of Rhode Island
and to waive any objections based on venue in any such action, suit or
proceeding.
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 these Terms of Use, contact
us by:
• clicking
here, or
• writing us at:
Sperian Protection Americas
Attn.: Legal Department
910 Douglas Pike
Smithfield, RI 02917 USA
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