Terms of use for the website “eversys.com”

1. Ownership of website and acceptance of these terms of use

1.1 The following terms and conditions of use (hereinafter “Terms of Use”) apply to the website “eversys.com” provided by Eversys SA. and, unless otherwise provided, to all websites connected to it and/or which are the property of Eversys SA and/or of its subsidiaries and/or affiliates, including Eversys SA websites all over the world (collectively, hereinafter, the “Site”). The Site is the property of Eversys SA., tax-payer identification, Register number CHE-115.034.362, with registered office at Ecoparc de Daval A 2 – 3960 Sierre, Switzerland (hereinafter “ESA”). For the purposes of these Terms of Use, user shall mean any person accessing and/or using the Site (hereinafter, the “User”).

BY USING THE SITE, USERS ACCEPT THESE TERMS OF USE; IF A USER DOES NOT AGREE TO THESE TERMS OF USE, THAT USER MUST NOT USE THE SITE.

1.2 ESA reserves the right to change and to modify these Terms of Use at any time, in its sole discretion. Therefore, Users are advised to read these Terms of Use on a regular basis in order to check for changes. The use of the Site following the posting of any changes will imply acceptance of these changes by Users. Subject to compliance to these Terms of Use, ESA grants to any User a personal, non-exclusive, non-transferable and limited right to access and use the Site.

2. Content

2.1 Any text, artwork, interface, image, trademark, logo, sound, music, picture, computer code and/or other material (collectively, the “Content”) on the Site, including but not limited to the design, structure, selection, coordination, display, appearance and/or arrangement of such Content, is owned, or controlled or licensed by ESA and is protected by any relevant law currently in force.

2.2 Except as expressly provided in these Terms of Use, Users may not copy, reproduce, publish, republish, upload, publicly display, encode, translate, transmit and/or distribute any part of the Site and/or of the Content to any computer, server, website and/or other medium for publication, distribution or for any commercial purpose, without the prior written consent of ESA.

2.3 Users are entitled to use the information on the products and services of ESA (such as product data sheets, configuration files, similar material, etc.) purposely made available by ESA for downloading from the Site, provided that: (i) they do not remove any proprietary notice language on copies of such documents; (ii) they use such information only for personal and non-commercial purposes, and do not copy and/or post any such information on networked computers and/or broadcast it in any media; (iii) they do not make any modification to any such information.

3. Use of the Site

3.1 Users may not use any kind of technique and/or device, programme, method or algorithm, or any similar or equivalent manual process, in order to access, acquire, copy and/or monitor any portion of the Site and/or of the Content. Users are also prohibited from reproducing and/or circumventing the navigation structure and/or presentation of the Site and/or of any Content to obtain or attempt to obtain any materials, documents and/or information through any means not purposely made available through the Site. ESA reserves the right to bar any such activity.

3.2 User accepts and undertakes to refrain from gaining and/or attempting to gain unauthorized access to any portion or feature of the Site, or to any other system or network connected to the Site or to any ESA server, or to any of the services offered on or through the Site, by hacking, password interception or any other illegitimate means.

3.3 User may not probe, scan and/or test the vulnerability of the Site or of any network connected to it, nor breach its security or authentication measures. Also, User may not reverse look-up, trace or seek to trace the origin of any information on any other User or visitor to the Site, or any other ESA customer. Furthermore User may not exploit the Site or any service and information made available or offered through the Site for the purpose to reveal any information pertaining to third parties, including but not limited to personal identification information.

3.4 User agrees and undertakes not to take any action that imposes a disproportionate and/or excessive load on the infrastructure of the Site or on ESA systems and networks or on any systems or networks connected to the Site or to ESA.

3.5 User agrees and undertakes not to use any device, software and/or process to interfere, or attempt to interfere, with the proper working of the Site or of any transaction being conducted on same as well as with the use of the Site by third parties.

3.6 User agrees and undertakes not to use the Site or any Content for any purpose that is unlawful or, in any case, prohibited by the law and/or by these Terms of Use, and User also agrees and undertakes not to solicit the performance of any illegal activity or other activity which infringes the rights of ESA or of third parties.

4. Purchases; other terms and conditions

4.1 ESA does not exclude that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions and other similar initiatives. By this reference, User agrees that these terms are included in the Terms of Use. User agrees and undertakes to comply with such additional terms and conditions, representing, where required, to be of sufficient legal age to use and/or participate in such service or feature. If there is a conflict between these Terms of Use and the terms and conditions applicable to a specific portion of the Site, or for any service offered on or through the Site, the terms and conditions applicable thereto will prevail for the use of that portion of the Site or of that specific service.

4.2 ESA obligations, if any, with regards to its services and products are governed solely by the agreements pursuant to which such services and products are provided; therefore, nothing on this Site may be construed to alter such agreements.

4.3 ESA reserves the right to make changes to any service and/or product offered on the Site, without notice and at any time. The materials on the Site with respect to products or services may be out of date. ESA makes no commitment to correct and/or to update such materials and accepts no responsibility on the matter.

5. Account, password and security

5.1 Certain services and/or features offered on or through the Site may require the opening of an account (including setting up an ESA ID and password). In order to open an account or to set up an ESA ID Users are asked to provide personal information such as, for example, their name, date of birth, email address or credit card details. User is entirely responsible for maintaining the confidentiality on User’s account information, including password, and on any and all activity originating from that account. User agrees and undertakes to notify ESA immediately of any unauthorized use of User’s account or password, or of any other breach of security. However, it is possible that User may be held liable for losses incurred by ESA or by other users or visitors to the Site due to third party use of User’s ESA ID, password or account.

5.2 User may not use anyone else’s ESA ID, password or account without the express written permission and consent of the rightful identity owner. ESA will not be liable for any loss or damage arising from the failure to comply with these obligations on the part of User.

6. Privacy

6.1 ESA Privacy and personal data protection policy applies to the Site, and its terms are made a part of these Terms of Use by this reference. To view the Privacy and personal data protection policy of ESA, click here. Additionally, by accessing and using the Site, User acknowledges and agrees that internet transmissions are never completely secure and/or private. Therefore, User understands and accepts that any data and/or message sent to the Site may be read or intercepted by third parties, even if there is a special notice that a particular transmission is encrypted.

7. Links to the ESA Site and to other websites

7.1 The Site may contain links to independent third-party websites (hereinafter the “Linked Sites”). Such Linked Sites are provided solely as a convenience to visitors. Such Linked Sites are not under the control of ESA and ESA is not responsible for and does not endorse their contents, including any materials and information contained in them. Therefore Users will need to make their own independent judgement regarding their interactions with any Linked Site.

8. Disclaimers

8.1 ESA does not warrant that the Site or any Content, service or feature will be error free. ESA additionally does not warrant that the Site or any Contents will be available uninterruptedly, or that any defects will be corrected, or that the use of the Site by Users will provide specific results. All information provided on the Site is subject to change without notice. ESA does not warrant that any files or other data downloaded from the Site are free from viruses or contaminations or destructive features. ESA disclaims any express and/or implied warranty, including but not limited to any warranty of accuracy, non-infringement, merchantability and fitness for a particular purpose. ESA disclaims any and all liability for the acts, omissions and conduct of any third party in connection with and/or related to the use of the Site and/or of any ESA service by Users. User assumes total responsibility for User’s use of Site and any Linked Sites. In the event User is not satisfied with the Site and/or any Content, the only remedy will be to stop using the Site or the Content.

8.2 The above disclaimer applies to any damage, liability or injury caused by malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access, alteration or use, whether for breach of contract, tort, negligence or any other cause of action.

8.3 ESA reserves the right to do any of the following, at any time, without notice: (i) to suspend, modify or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) to modify or change the Site, or any portion thereof, and any applicable regulation or condition applicable to the Site; (iii) to interrupt the operation of the Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.

9. Limitation of liability

9.1 Except where prohibited by law, in no event ESA will be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ESA has been advised of the possibility of such damages.

9.2 If, notwithstanding any other provision of these Terms of Use, ESA is found to be liable to User for any damage or material loss arising out of or relating to the use of the Site or any Content, ESA’s liability shall in no event exceed the lower amount between: (i) the aggregate amount paid by User as registration fee or charge for the use of any feature or service on the Site over the six months prior to the date of the initial claim made against ESA; or (ii) the amount of Euro 100,00=.

10. Indemnity

10.1 User agrees and undertakes to indemnify and hold harmless ESA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from any demand, loss, liability, claim or expense (including attorney’s fees), arising in any way out of the use of the Site by User.

11. Violation of the Terms of Use

11.1 ESA reserves the right to disclose any information regarding Users (including their identity) if such disclosure is necessary in connection with any investigation or complaint regarding the use of the Site by a User, or to identify, contact or bring legal actions against persons who may harm or interfere with the rights of ESA or of visitors to or users of the Site, including ESA customers. ESA reserves the right to disclose at any time any information which may be required to comply with any applicable law, regulation, legal process or governmental request. ESA reserves also the right to disclose Users’ information in the event applicable laws currently in force require or permits such disclosure, including the exchange of information with other companies and organizations for fraud protection purposes.

11.2 ESA reserves the right to preserve any transmission or communication between ESA and Users through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by currently applicable provisions of law or in the event such preservation or disclosure is reasonably necessary in order to (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims by third parties of alleged violations of their rights; (iv) protect the rights or safety of ESA, its employees, customers, users of or visitors to the Site and the public.

11.3 In the event of breach of these Terms of Use and of other agreements or guidelines which may be associated with the use of the Site, ESA reserves the right to deny access to the Site and/or to block any future access to the Site in its sole discretion and without prior notice. These remedies are additional with respect to any other remedy available to ESA pursuant to law or to other applicable regulatory measures.

11.4 ESA reserves the right, in its sole discretion, to deny access to the Site, without prior notice, in the following instances but not limited to them: (i) at the request of law enforcement or other government agencies; (ii) at the request of User (self-initiated account deletion); (iii) discontinuance or material modification of the Site or of any service offered on or through the Site; (iv) unexpected technical issues or problems.

11.5 ESA will not be liable to Users or to any third party for any consequence resulting from termination of access to and/or use of the Site following any violation of these Terms of Use.

12. Governing Law, Jurisdiction

12.1 All matters related and/or connected, also indirectly, to the access to and/or use of the Site, including any dispute, will be governed exclusively by the laws of Switzerland, with express exclusion of the application of any conflicts of laws provision. In addition, Users agree to: (i) the exclusive jurisdiction of the courts of Switzerland, with express exclusion of any other jurisdiction; (ii) the exclusive jurisdiction of the Court of Sion. Any claim under these Terms of Use must be brought within three (3) months after the cause of action arises, or such claim will be barred.

13. Restrictions

13.1 ESA administers and operates the Site from its location in the official company headquarters in Switzerland. Other websites linked to and/or owned by ESA and/or its subsidiaries and/or affiliates, including ESA websites worldwide, other than the Site, may be administered and operated from locations outside Switzerland. Although the Site is accessible from all over the world, certain products, features or services described, referenced, provided or offered on or through the Site could be available only to certain persons or in certain geographic areas. ESA reserves the right to restrict, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited by applicable provisions of law. Access to the Site from outside the territory of Switzerland is made on the initiative of Users who are solely responsible for complying with applicable local laws.

14. Miscellaneous provisions

14.1 User may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any law or regulation currently applicable.

14.2 In the event one or more of the provisions of these Terms of Use are held by a court of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that they will remain in full force and effect. These Terms of Use constitute the entire agreement between the parties with regard to the use of the Site and they supersede any and all prior written or oral agreements entered into by the parties concerning the matter at issue. ESA does not and will not accept any counter-offer to these Terms of Use. ESA failure to insist on or enforce performance of any provision will not be construed as a waiver of such provision or of any right to enforce these Terms of Use; nor will any course of conduct between ESA and a User or any third party be deemed to modify any provision of these Terms of Use. These Terms of Use do not confer any rights on any third parties.

15. Feedback and information

15.1 Any feedback posted on the Site will be deemed to be non-confidential. ESA will be free to use such information on an unrestricted basis at its sole discretion.

User expressly represents his acceptance and approval, also pursuant and by effect of Swiss law, the following Terms of Use: 1. Site ownership and acceptance of these terms and conditions of use; 2. Contents; 3. Use of the Site; 4. Purchases; other terms and conditions; 5. Account, password and security; 8. Disclaimers; 9. Limitation of liability; 10. Indemnity; 11. Violation of the Terms of Use; 12. Governing law, jurisdiction; 13. Restrictions;

14. Miscellaneous provisions.

The information contained in this website is subject to change without notice. All rights reserved. Eversys SA, tax-payer identification, Register number CHE-115.034.362, registered office at Rue du Biais 19 – CP 89 – 1957 Ardon, Switzerland