• TERMS OF USE


SMARTTRADE TECHNOLOGIES TERMS OF USE

All contents are Copyright © 2006 smartTrade Technologies
All rights reserved.
No portion of this service may be reproduced in any form, or by any means, without prior written permission from smartTrade Technologies.


1. Rules and Regulations.

These Terms of Use (“Terms of Use”) define the legal framework governing access to and use of the Web Site. Access to and use of the Web Site are subject to your acceptance of these Terms of Use, as they may be amended from time to time by smartTrade Technologies. In this regard, by accessing or using, the Web Site, you agree to be bound automatically by these Terms of Use as well their amendments in force at the time of your access to the Web Site, and you agree that such acceptance shall have the same legal value as a written express acceptance. If you do not accept these Terms of Use, please do not (and you are not permitted to) access or use the Web Site. Please read carefully these Terms of Use, before using the Web Site. You should read these Terms of Use every time you use the Web Site.
These Terms of Use do not alter nor modify any other agreement you might have with any company of smartTrade Technologies’s Group and its Affiliate. “Affiliate” means any entity directly or indirectly controlled by smartTrade Technologies SAS. (France).


2. Limited License.

Subject to your full and perfect compliance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, free of charge and revocable right of access and use of the Web Site. Any other rights are expressly excluded except otherwise provided in a specific written agreement. No portion of this Web Site may be reproduced in any form, or by any means, without prior written permission from smartTrade Technologies.
Therefore, you shall not, and shall not authorize a third party to, without limitation, (i) modify, reproduce, represent, adapt and/or translate all or any part of the Web Site and/or related content; (ii) extract, all or any part of the Web Site and/or its content, or create any derivative work from all or part of the Web Site and/or its content; (iii) reverse engineer, decompile, disassemble or transform, in any way the object code of the Web Site into source code; (iv) distribute, sublicense, assign, share, sell, rent, lease or loan in any way the Web Site or the right to use the Web Site; (v) delete or modify any “droit d'auteur”, copyright, trademark or any other proprietary rights relating to the Web Site which we or our licensors own; or (v) use the Web Site for purposes other than those expressly authorized by these Terms of Use.
In addition, it is strictly prohibited to (i) extract, by permanent or temporary transfer, or re-use all or part of the content of our Web Site to another medium, by any means and in any form; (ii) bypass or circumvent any measures employed to prevent or limit access to our Web Site; (iii) link to any portion of our Web Site for any purpose; and (v) use any device, software or routine that interferes or attempts to interfere with the normal operation of our Web Site or take any action that imposes an unreasonable load on our equipment.
We try to make the Web Site accessible at all time, but we cannot warrant that the service will be continuous or without defect. We also reserve the right to modify all or part of the Web Site, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Web Site.
You recognize that you will be able to use the Web Site only if your device has an Internet connection. Traffic or access fees charged to you due to the use of the Web Site are subject to the general terms concluded with you Internet service provider or mobile network operator. You understand the risks associated with the use of Internet, including, without any limitation, unavailability of the Web Site, non-confidentiality or loss of integrity of the data transmitted, potential virus attacks, etc.
Without prejudice to our rights and remedies, we reserve the right to suspend temporarily or permanently your access to the Web Site, at any time, without notice in the event you violate any provision herein.
In the event we consider that your use of the Web Site is unlawful and/or unauthorized, and/or violates these Terms of Use, we reserve the right to undertake any procedure we deem necessary, including to terminate these Terms of Use and to take any legal action.


3. Term and Termination.

User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All smartTrade Technologies products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.


4. smartTrade Technologies Property Rights.

The Web Site, its content, including, without limitation, their distinctive names, designations, logos and product and service marketing and all, trademarks, trade names, drawings, pictures, copyrights, patented information and databases and any other intellectual property rights in and to the Web Site are the property of smartTrade Technologies or its licensors. smartTrade Technologies, smartTrade Technologies’ logos and product and service designations are protected trademarks of smartTrade Technologies. Access to and use of the Web Site shall not be construed as assigning nor granting any license in respect of any kind of these proprietary rights. We reserve any rights related to the Web Site that are not expressly granted to users hereunder.


5. General Disclaimer.

Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our Web Site, we do not guarantee or warrant that our Site or materials that may be downloaded from our Web Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our Web Site and any materials available through our Web Site, you expressly agree that your use of the Web Site is at your sole risk. smartTrade Technologies and its Affiliates and their respective licensors, contractors or content providers and insurers shall not be liable for any loss or damage arising from or otherwise in connection with your use of this Site or any information, services or content on this Web Site.
Our Web Site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles or other information created by us or by third-parties. Due to the number of sources from which content on our Web Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose. Information created by third parties that you may access on our Web Site or through links is not adopted or endorsed by us and remains the responsibility of such third parties.
We reserve the right at any time and from time to time to correct any errors or omissions on our Web Site or as the case may be to modify or discontinue, temporarily or permanently, our Web Site (or any part thereof) with or without notice. You agree that smartTrade Technologies shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Web Site. In addition, in the event you breach these Terms of Use or engage in any activity that is harmful to our users or us we reserve the right to terminate your access to our Web Site or take any other actions that we believe to be in our interest and of our users as a whole.
You will be also responsible for any loss we suffer as a result of your violation of these Terms of Use or any instructions given by smartTrade Technologies, including information given during the installation process of the Web Site or instructions related to all security requirement communicated by smartTrade Technologies to you. You agree to indemnify and hold harmless smartTrade Technologies and its Affiliates and their respective licensors, contractors or content providers and insurers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE WEB SITE AND ITS CONTENT ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTTRADE TECHNOLOGIES GIVES NO WARRANTY NOR REPRESENTS, WITHOUT LIMITATION, THAT (I) THE WEB SITE AND ITS SUPPORTING ELEMENTS WILL MEET YOUR REQUIREMENTS, (II) THE SAME WILL BE UNINTERRUPTED, TIMELY, OR DEFAULT AND ERROR FREE, (III) THE RESULT THAT MAY BE DISPLAYED THROUGH THE WEB SITE WILL BE ACCURATE, UP TO DATE OR RELIABLE, (IV) THE QUALITY OF ANY DATA, INFORMATION OR OTHER MATERIAL OBTAINED WILL MEET YOUR EXPECTATIONS AND THAT SUCH DATA, INFORMATION AND OTHER MATERIAL WILL BE DEFAULT AND ERROR FREE, OR THAT ANY ERRORS WILL BE CORRECTED.


6. Cookies.

This Web Site uses Google Analytics and Hubspot, both systems use cookies to collect information about how visitors navigate our Web Site. A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of smartTrade’s Web Site use cookies to track user traffic patterns. We do this in order to determine the usefulness of information to our users and to see how effective our navigational structure is in helping users reach that information. smartTrade Technologies does not correlate this information with data about individual users, nor does it share this information or sell it to any third party. If you prefer not to receive cookies on smartTrade Technologies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of our Web Site.


7. Links to Third-Party Sites.

The Web Site may contain hyperlinks to websites operated by parties other than smartTrade Technologies. Such hyperlinks are provided for your reference only. We are not responsible for (i) the availability or the content of other services that may be linked to our Web Site, or (ii) the privacy or other practices of such websites.
Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse or approve and are not responsible or liable for any content, accuracy, quality, advertising, products, services or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such service.
We are not responsible for hypertext links from any and all third-party web sites to the Web Site and forbid anybody to establish such a link without smartTrade Technologies prior written authorization.


8. Access to Password-Protected/Secure Areas.

Access to and use of password-protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.


9. Data Protection and Privacy.

We are committed to protecting your privacy and the confidentiality of your personal data. However, we are not able to control the use by third parties of any information concerning you that may appear on the Web Site.
When you access and use the Web Site, we may collect, use and process, to the extent permitted by law, your personal data provided by you (such as your name, your email address, etc.) or generated as a result of your access and use of the Web Site. By using the Web Site, you consent to the collection and processing of your personal data by us.
You have the right to information on the personal data stored about you, have it corrected, deleted or blocked at any time and free of charge. You also have the right to object to any future use of your personal data. If you want to do any of this, please send an e-mail to: legal@smart-trade.net
smartTrade Technologies has appointed a data protection officer who can be reached at the following address: legal@smart-trade.net


10. Modification of the Terms of Use.

We may modify or amend these Terms of Use from time to time at our discretion. When we make changes to these Terms of Use, we will amend the revision date of this page and the modified or amended Terms of Use shall apply to you as of that revision date. We encourage you to review these Terms of Use periodically to be informed about how we are regulated the rights of use of our Web Site. Your continued access and use of the Web Site after a modification or adaptation of these Terms of Use will be deemed as your acceptance of any modified terms.
If you disagree with any modification or adaptation of the Terms of Use, you must cease accessing and using the Web Site.


11. Governing Law and Disputes.

To the extent permitted by applicable laws, these Terms of Use are governed by and construed in accordance with the laws of France.
In case of dispute, we encourage you to contact us at the following email address: legal@smart-trade.net, in order to find an amicable solution. If no amicable solution can be reached, any dispute arising in connection with these Terms of Use shall be subject to the jurisdiction of the courts of France. We inform you that you can use a mediation procedure or any other alternative dispute resolution methods, prior to litigation.


12. Miscellaneous.

These Terms of Use form the entire agreement between you and us with respect to the subject matter hereof and supersede the terms of any other communications or advertising with respect to the Web Site.
If any provisions hereof are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by reason of the laws of any state or country in which these provisions are intended to be effective, then to the extent and within the jurisdiction in which such provisions are illegal, invalid or unenforceable, they shall be severed and deleted from these Terms of Use and the remaining provisions shall survive and continue to be binding and enforceable.
Failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Nothing herein shall be construed as granting, directly or indirectly, any rights to any third parties, and third parties are not allowed to enforce any of the provisions herein against us.