Evernex Website Terms of Use

• Scope of these Terms of Use

1. The following Terms of Use (“TOU”) govern the access, browsing and use of the website accessible at www.evernex.com (the “Website”) published by Evernex Group SAS (société par actions simplifiée) whose registered office is located at Tour CB21 – 16 place de l’Iris – 92400 Courbevoie, France (“Evernex”).
2. Your use of the Website including its contents, understood as all the information and materials included on the Website (such as, without limitation, the design, layout, appearance, graphics, organization of the contents of the Website, photographs, images, text, fonts, video, audio, logos, trademarks, brand names, trade or business names, domain names and URLs, documents and software) and the associated services (hereinafter the “Services”) must comply with the following TOU. 
3. If you do not agree with any of the provisions of these TOU, please do not use the Website or the Services available through it.
4. Certain services or contents on the Website may be subject to specific conditions. In such case, these specific conditions will be made available to you.

• Intellectual Property Rights

1. The Website and its Content are either owned or licensed to us, and are protected by applicable copyright, trademark, and other intellectual property rights whether registered or not (“Intellectual Property Rights”). Evernex and its licensors retain all rights over the Website and the Content.
2. Evernex hereby grants you a worldwide, revocable, non-exclusive, non-transferable, free of charge, right to access and use the Website and its Content, for personal non-commercial purposes for the duration of your browsing session all in accordance with these TOU.
3. Except as expressly provided in these TOU, Evernex does not grant you, expressly or impliedly, any license or right to use download, copy, reproduce, translate, redistribute, upload, republish, display, modify or create derivative works any Content protected by the Intellectual Property Rights of Evernex or its licensors, without Evernex’s prior written permission or that of its licensors.
4. Any use which is not expressly permitted by these TOU is prohibited. Unauthorized use of the Website or the Content may also violate applicable intellectual property laws or other laws.

• Restrictions to the access and use of the Website, the Services and the Contents

1. Access and use of the Website, the Services and the Contents must be made in accordance with applicable laws, these TOU and any other applicable specific conditions made available to you. 

You will refrain from using any of Website and/or Services and/or Contents for illegal purposes or purposes prohibited under these TOU, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the Website and/or the Services and/or the Contents, computer equipment, documents, files or any other kind of content stored on any computer systems. 

In particular, you will not:

• use the Website in any way that interrupts, causes or may cause damage to the Website its Content, impairs the Website’s or its Content’s availability or accessibility or interfere with the proper working of the Website; 
• circumvent or attempt to circumvent the Website’s security measures and tamper with the technology used as part of the Website;
• obtain or attempt to obtain any of Evernex’s or its affiliates’ information, materials or documents not purposely made available through the Website through any means (such as personal data, financial or other confidential or sensitive information); and
• use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or other similar technology, or any manual process, to use, access, copy, generate impressions, acquire, input or store information, search, generate searches, index or monitor all or part of the Website or any Content.

• Interruption, Termination and Suspension

1. Given the evolving nature of the Website, Evernex may be forced to interrupt access to the Website in the event of maintenance, technological changes, malfunctions or acts of a third party.

Evernex may terminate, suspend, modify or discontinue providing the Website and/or the Content and/or the Services, without prior notice.

• Modification of Content and Services

Evernex expressly reserves the right to modify the presentation and configuration of the Website, of the Contents and of the Services, as well as the conditions required for their access and/or use. In any case, you may discontinue the use of the Website, of the Contents and of the Services at any time.

• Links 

The Website may include links to other websites. Insofar as Evernex cannot control these external websites and does not endorse in any way their contents, Evernex cannot be held responsible for the availability and the content, products, services and other materials on these external websites and sources. Evernex encourages you to read the terms of use applicable to such other websites.

Evernex does not authorize linking to any page of the Website from a third-party website without its express prior written authorization.

• Disclaimer and Limitation of Liability

Evernex makes all reasonable efforts to ensure that the Website is accessible at all times (except during maintenance or in the case of a force majeure event), and that the Content provided on the Website is accurate, complete, up to date and secure. However, Evernex does not warrant that (i) the Website will operate without failure or interruption, that (ii) the Website, the Content and the Services will be secure and free from any virus or other form of malware and that (iii) the information on this Website is accurate and exhaustive.

Evernex provides the Website, the Content and the Services on an “as is” basis. To the fullest extent permitted by applicable law, Evernex and its affiliate disclaim all warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to, any warranties about the accuracy, completeness, security, fitness for a particular purpose, the results to be obtained from using the Website and the Content or non-infringement of third-parties’ rights.

To the fullest extent permitted by applicable law, Evernex and its affiliates shall not be liable for any indirect damages or for any loss of profits, revenue or any damages resulting from lost data or business interruption arising out of or in connection with the use of, or inability to use, the Website, the Content or the Services. 

• Personal Data and Cookies

For information about the processing of your personal data by Evernex, please see our Data Protection Notice [insert link to Data Protection Notice].

1. For information about the cookies used on the Website, please see our Cookie Policy [insert link to Cookie Policy].

• Changes to these TOU

Evernex reserve the right to change these TOU from time to time. If we decide to change our TOU we will notify you of these changes via an alert on the home page of our Website.

• Applicable law and venue

These TOU and any matter relating to your access to or use of the Website shall be governed by and construed in accordance with the laws of France, without reference to conflict of law provisions. 

Any dispute arising out of, or relating to, these TOU, including the validity, interpretation, performance, breach or termination thereof, that cannot be resolved amicably, shall be submitted to the exclusive jurisdiction of the Commercial Court of Paris.