Terms of Use for the Website
Version 1.0
The Sisif website located at www.sisif.eu is a copyrighted work owned by EW Supply. Some features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with those features.
All such terms, guidelines, and additional rules are incorporated by reference into these Terms.
These terms of use describe the legally binding terms and conditions that govern your use of the site. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THESE TERMS and represent that you have the authority and capacity to accept these Terms. YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS THE SITE. IF YOU DO NOT AGREE WITH ALL THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These terms of use have been created using the terms of use generator.
Access to the Site
Subject to these Terms. The Company grants you a non-transferable, non-exclusive, revocable, and limited license to access the Site solely for your personal and non-commercial use.
Certain restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works, disassemble, reverse compile, or reverse engineer any part of the site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the site must be retained on all copies thereof.
The Company reserves the right to modify, suspend, or discontinue the Site with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
No assistance or maintenance. You agree that the Company will have no obligation to provide you with any support in connection with the Site.
Except for any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by the Company or the Company's suppliers. Note that these Terms and access to the Site do not grant you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms.
Third-Party Links and Advertisements; Other Users
Third-Party Links and Advertisements. The Site may contain links to third-party websites and services and/or display advertisements for third parties. These third-party links and advertisements are not under the control of the Company, and the Company is not responsible for the links and advertisements of third parties. The Company provides access to these third-party links and advertisements solely for your convenience and does not review, endorse, monitor, approve, warrant, or make any representations regarding third-party links and advertisements. You use all third-party links and advertisements at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party links and advertisements, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Other Users. Each user of the site is solely responsible for any and all of its own user content. Because we do not control user content, you acknowledge and agree that we are not responsible for any user content, whether provided by you or by others. You agree that the Company will not be liable for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Site, we are under no obligation to become involved.
By using the Site, you release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive the provisions of California Civil Code Section 1542 in connection with the foregoing, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Cookies and web tags. Like any other website, Sisif uses "cookies". These cookies are used to store information, including visitors' preferences and which pages of the website the visitor has accessed or visited. The information is used to optimise the user experience by customising the content of our web page according to the visitor's browser type and/or other information.
Disclaimers
The site is provided on an "as is" and "as available" basis, and the company and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We and our suppliers do not warrant that the site will meet your requirements, be available on an uninterrupted, timely, secure or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or secure. If applicable law requires warranties regarding the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of liability
To the maximum extent permitted by law, in no event will the company or our suppliers be liable to you or any third party for any loss of profit, loss of data, cost of procurement of substitute products or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with these terms or your use or inability to use the site even if the company has been advised of the possibility of such damages. Access to and use of the Site is at your sole discretion and risk, and you will be solely responsible for any damage to your computer equipment or system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising out of or in connection with this agreement shall at all times be limited to a maximum of fifty United States dollars ($50). The existence of more than one claim will not increase this limit. You agree that our suppliers shall have no liability whatsoever arising out of or in connection with this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and termination. Subject to this section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason in our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your account and your right to access and use the Site will terminate immediately. You understand that any termination of your account may result in the deletion of your user content associated with your account from our live databases. The Company shall have no liability to you for any termination of your rights under these Terms. Even after termination of your rights under these Terms, the following provisions of these Terms will remain in full force and effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
The Company respects the intellectual property of others and asks users of our Site to do the same. As part of our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing material and the termination of users of our online Site who repeatedly infringe intellectual property rights, including copyrights. If you believe that any of our users, through the use of our Site, are unlawfully infringing the copyright(s) in any work and you would like the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:
- your physical or electronic signature;
- identifying works protected by copyright that you claim have been infringed;
- identifying content on our services that you claim is infringing and that you ask us to remove;
- sufficient information to enable us to locate that material;
- your address, telephone number and e-mail address;
- a statement that you have a good faith belief that use of the infringing material is not authorised by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are either the owner of the copyright that has been allegedly infringed or that you are authorised to act on the copyright owner's behalf.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of a material fact in a written notice automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notice. and alleged copyright infringement.
General
These terms are subject to occasional revision, and if we make substantial changes, we may notify you by sending an e-mail to the last e-mail address you provided and/or by prominently posting a notice of changes on our Site. You are responsible for providing us with your most recent e-mail address. In the event that the e-mail address last provided by you is not valid, our sending of the e-mail containing such notice will nevertheless constitute effective notice of the changes described in the notice. Any changes to these terms will be effective no earlier than thirty (30) calendar days after we send you notice by e-mail or thirty (30) calendar days after we post notice of the change on our site. Such changes will be effective immediately for new users of our Site. Your continued use of our Site following notification of such changes will indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. Dispute resolution. Please read this arbitration agreement carefully. It forms part of your contract with the Company and affects your rights. It contains procedures for COMPULSORY EXECUTIVE ARBITRATION AND A WAIVER OF COLLECTIVE ACTION.
Applicability of Arbitration Agreement. All claims and disputes relating to the Terms or the use of any products or services provided by the Company that cannot be resolved informally or in a small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and the Company, and all subsidiaries, affiliates, agents, employees, predecessors, successors and assigns, and all authorized or unauthorized users or recipients of the services or goods provided under the Terms.< /p>
Notice requirement and informal dispute resolution. Before either party may request arbitration, the party must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the relief sought. A Notice to the Company should be addressed to : Rue Jacques Brel, 5 - 4053 Embourg. Following receipt of the Notice, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days of receipt of the Notice, either party may commence arbitration proceedings. The amount of any settlement offer made by a party may be disclosed to the arbitrator only after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties agree to select another ADR provider. The rules of the ADR provider will govern all aspects of the arbitration, except to the extent that those rules conflict with the Terms. The AAA Consumer Arbitration Rules governing arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claim or dispute for which the total amount of the award sought is less than ten thousand U.S. dollars ($10,000.00) may be resolved by binding non-appearance arbitration at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars ($10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held at a location within 100 miles of your residence, unless you reside outside the United States and unless the parties agree otherwise. If you reside outside the United States, the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator awards you more than the last settlement offer the Company made to you prior to the commencement of the arbitration, the Company will pay you the greater of the award or $2,500.00. Each party will bear its own costs and disbursements arising from the arbitration and will pay an equal share of the fees and expenses of the ADR provider.
Additional rules for non-appearance arbitration. If non-appearance arbitration is chosen, the arbitration will be conducted by telephone, online and/or on the basis of written submissions only; the specific manner will be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses, unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be commenced and/or requested within the statute of limitations and any time limits imposed by the AAA Rules for the relevant claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with other issues or joined with other matters or parties. The arbitrator has the power to grant motions that settle all or part of any claim. The arbitrator shall have the power to award damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules and the Conditions. The arbitrator must issue a written award and a statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same power to grant relief on an individual basis as a court judge would have. The arbitrator's decision is final and binding on you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND LEGAL RIGHTS TO GO TO COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY, electing instead to have all claims and disputes resolved by arbitration pursuant to this Arbitration Agreement. Arbitration procedures are generally more limited, efficient and less expensive than the rules applicable before a court and are subject to very limited review by a court. In the event a dispute arises between you and the Company in a state or federal court in an action to vacate or enforce an arbitration or other award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, electing instead to have the dispute resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes under this arbitration agreement shall be arbitrated or litigated on an individual basis and not on a class basis, and the claims of more than one customer or user shall not be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceedings shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph does not prevent a party from submitting to a court any information necessary to enforce this agreement, to enforce an arbitration award or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are held by a court of competent jurisdiction under law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Any such waiver shall not waive or affect any other part of this Agreement to Arbitrate.
Survival of Agreement. This arbitration agreement will survive the termination of your relationship with the Company.
Small Claims Court. However, you or the Company may bring an individual action in Small Claims Court.
Emergency equitable relief. In any event, either party may seek emergency equitable relief in state or federal court to maintain the status quo pending arbitration. A request for interim relief shall not be deemed a waiver of any other rights or obligations under this Agreement to Arbitrate.
Claims not subject to arbitration. Notwithstanding the foregoing, claims for defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Agreement to Arbitrate.
In all circumstances in which the foregoing Agreement to Arbitrate permits the parties to litigate, the parties hereby agree to submit to the personal jurisdiction of the courts located in be County, California for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export or transfer, directly or indirectly, U.S. technical data acquired from the Company, or products using such data, in violation of U.S. export laws or regulations.
The Company is located at the address set forth in Section 10.8. If you reside in California, you may file a complaint with the Complaint Assistance Unit of the Consumer Products Division of the California Department of Consumer Affairs by contacting it in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic communications. Communications between you and the Company use electronic means, whether you use the Site or send e-mails to us, or the Company posts notices on the Site or communicates with you by e-mail. For contractual purposes, you (a) consent to receive communications from the Company in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in paper form.
Full Terms. These Terms constitute the entire agreement between you and us relating to the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall be unaffected and the invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations hereunder, may not be assigned, sub-contracted, delegated or otherwise transferred by you without the prior written consent of the Company, and any attempted assignment, sub-contracting, delegation or transfer in breach of the foregoing shall be void and of no effect. The Company may freely assign these Terms. The terms and conditions set out in these Terms will be binding on the assignees.
Your privacy. Please read our privacy policy.
Copyright/Trademark information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third parties. You may not use these Marks without our prior written consent or the consent of such third party that may own the Marks.
Contact details
Address: Rue Jacques Brel, 5 - 4053 Embourg
E-mail : info@sisif.eu