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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, BROWSING, REVIEWING AND/OR USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION AND THAT YOU SHALL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

 

Unless otherwise stated, the contents of the present website [the“Site”] including, but not limited to, the text and images contained herein and their arrangement are the property of Treneer Expat Strategy Consulting France [“TESCF”]. This site may contain additional proprietary notices and copyright information, the terms and conditions of which must be observed and followed. Information on this  Site may contain technical inaccuracies or typographical errors. TESCF reserves the right, at its sole discretion, to revise, amend, modify or delete portions of these Terms and Conditions at any time without notice to you. It is at all times your responsibility to read the most current version of these Terms and Conditions. Your continued use of this Site constitutes your acceptance of any revisions, amendments, modifications or deletions to these Terms and Conditions.

By using this Site, you represent and warrant that: (i) you have the legal capacity and you agree to comply with these Terms of Use; (ii) you are not a minor in the jurisdiction in which you reside; (iii) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (iv) you will not use the Site for any illegal or unauthorized purpose; and (v) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

Subject to your ongoing compliance with these Terms and Conditions, TESCF hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Site solely for your personal, non-commercial and lawful purposes provided that you maintain all copyright, trademark and other intellectual property notices therein. Further, TESCF does not grant you permission, by implication, estoppel or otherwise, to state or suggest that TESCF promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.

Your use of the Site, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or Content.

 

You shall comply with these Terms and Conditions and shall not: (i) use the Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability, accessibility, integrity or security of the Site; (ii) use the Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (iii) hack or otherwise tamper with the Site; (iv) probe, scan or test the vulnerability of the Site without our permission; (v) circumvent any authentication or security systems or processes on or relating to the Site; (vi) use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (vii) impose an unreasonably large load on the Site’s resources including bandwidth, storage capacity and processing capacity; (viii) decrypt or decipher any communications sent by or to the Site without our permission; (ix) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent]; (x) access or otherwise interact with the Site using any robot, spider or other automated means, except for the sole purpose of search engine indexing; (xi) use the Site except by means of our public interfaces; (xii) use data collected from the Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); (xiii) do anything that interferes with the normal use of the Site, (xiv) or use or encourage the use of the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

 

You must not use data collected from the Site to contact individuals, companies or other persons or entities.

 

You must ensure that all the information you supply to us through the Site, or in relation to the Site, is current, complete, non-misleading and accurate to the best of your knowledge.

 

TESCF reserves the right to alter, suspend or discontinue the Site or your access to or use of the Site at any time for any reason without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which TESCF shall not take on any liability.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and trademarks, service marks, logos and trade names therein (the “Trademarks”) are owned or controlled by us or licensed to us, and are protected by copyright laws and various other intellectual property rights and unfair competition laws of France, international copyright laws, and international conventions. None of the Content shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Company or the copyright owner in each instance. You shall not "mirror" or "frame" any Content or the Site itself, in whole or in part, without the Company's express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved. You shall be solely responsible for ensuring that any information or Content obtained from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, data or operations.

You may register for an account with the Site by completing and submitting the account registration form on the Site, and clicking on the verification link in the email that the Site will send to you [TKTKTK verify process TKTKTK]. We [will provide you with] OR [you will be asked to choose] [a user ID and password]. Your user ID must not be liable to mislead and you must not use your account or user ID for or in connection with the impersonation of any person.

 

If you register for an account with the Site, you shall not: allow any other person to use your account to access the Site; or use any other person's account to access the Site.

 

You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password; or if you become aware of any unauthorized use of your account.

 

You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

The Trademarks displayed on the Site, including, but not limited to, Treneer Consulting, are registered and unregistered Trademarks of TESCF. Other trademarks, service marks, logos and trade names may be owned by others. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other TESCF intellectual property displayed on the Site. The trademark and trade name Treneer Consulting and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of Content on the Site, without prior written permission from TESCF and you shall not refer to or attribute any information to TESCF or its licensors in any public medium for promotional or advertising purposes, or otherwise, or for the purpose of influencing a third party. TESCF also prohibits use of Treneer Consulting and any other Trademarks as part of a link to or from any other site unless establishment of such a link is approved in advance by TESCF in writing.

TESCF makes no representations whatsoever about any other website which you may access through the Site [“Third-Party Websites”]. When you access a Third-Party Websites, please understand that it is independent from TESCF, and that TESCF has no control over the content on that website, even if TESCF provides information or services to the owner of that website. In addition, a link to a Third-Party Website does not mean that TESCF endorses or accepts any responsibility for the content or the use of such website. In fact, TESCF disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

 

If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

THE SITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TESCF DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TESCF DOES NOT REPRESENT OR WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

IN NO EVENT WILL TESCF OR OUR DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, MARKET LOSS, OPPORTUNITY LOSS, LOSS OF DATA, OR OTHER DAMAGES THAT RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE OR THE INABILITY TO USE THE SITE OR THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED OR CONTAINED ON THE SITE OR OTHERWISE OBTAINED FROM OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TESCF AND ITS DIRECTORS’, EMPLOYEES’, AGENTS’ AND AFFILIATES’ AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR €1,000.00 EUR. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

You hereby agree to defend, indemnify, and hold harmless TESCF and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by any or all the Indemnified Parties in connection with any claim arising out of or relating to: (i) your access to or use of the Site; (ii) your violation of the rights of a third party, including but not limited to intellectual property rights; (iii) any overt harmful act toward any other user of the Site with whom you connected via the Site; or (iv) any breach by you of these Terms and Conditions or the representations, warranties, and covenants you have made by agreeing to these Terms and Conditions. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Any dispute relating to the use of the Site is subject to French law. Exclusive jurisdiction is granted to the competent courts of Paris.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

These terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of the Site and shall supersede all previous agreements between you and us in relation to your use of the Site.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. You agree that these Terms of Use will not be construed against us by virtue of having drafted them, and hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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