Eliwell France - Terms of Use

June 1, 2004

Terms of Use

Acceptance of Terms of Use: By accessing and using this Web Site you agree to be bound by the following Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT use this Web Site.

These Terms of Use may be amended by Eliwell France at any time. Such amended Terms of Use shall be effective upon posting on this Web Site. Please check the Terms of Use published on this Web Site regularly to ensure that you are aware of all terms governing your use of this Web Site. Other Eliwell France web sites may have their own terms of use which apply to such web sites. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site (the “Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

Eliwell France reserves the right to make changes or updates with respect to or in the Content of the Web Site or the format thereof at any time without notice. Eliwell France reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion.

Although care has been taken to ensure the accuracy of the information on this Web Site, Eliwell France assumes no responsibility therefor. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. ELIWELL FRANCE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT. ELIWELL FRANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEB SITE UNLESS IT HAS STATED A PARTICULAR FUNCTION IS ENCRYPTED. OTHERWISE, YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. ELIWELL FRANCE DOES NOT WARRANT THAT THE WEB SITE OR THE SERVERS WHICH MAKE THIS WEB SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY ELIWELL FRANCE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

IN NO EVENT SHALL ELIWELL FRANCE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEB SITE OR THE CONTENT, EVEN IF ELIWELL FRANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BY A USER PERTAINING TO THIS WEB SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

This Web Site may provide links to other web sites that are not under the control of Eliwell France. Eliwell France shall not be responsible in any way for the content of such other web sites. Eliwell France provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such web sites does not imply endorsement by Eliwell France of the content of such web sites.

Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rests with Eliwell France or its licensors. All rights in the Content not expressly granted herein are reserved. Except as otherwise provided, the Content published on this Web Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Eliwell France is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Any material or information sent through or in connection with this Web Site by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of Eliwell France, subject to any privacy policies posted on this Web Site. Eliwell France may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights or other proprietary rights in or to such User Materials.

The Web Site may contain references to specific Eliwell France products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

Software made available for downloading from or through this Web Site is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. ELIWELL FRANCE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

‘Safe Harbor’ Statement under the Private Securities Litigation Reform Act of 1995:
The information on this Web Site may contain certain projections or forward-looking statements with respect to the financial condition, results of operations and business of Eliwell France or any of its affiliates and certain of the plans and objectives of Eliwell France with respect to these items. By their nature, projections and forward-looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements. These factors include, but are not limited to, levels of consumer and business spending in major economies, changes in consumer tastes and preferences, the levels of marketing and promotional expenditures by Eliwell France and its competitors, raw materials and employee costs, changes in future exchange and interest rates (in particular, changes in the Euro and the US dollar can materially affect results), changes in tax rates and future business combinations, acquisitions or dispositions and the rate of technical changes.

These Terms of Use shall be governed by and construed in accordance with the laws of Paris, France. without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of Paris for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Web Site, provided that such exclusivity does not apply to legal actions initiated or brought by Eliwell France .

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with Eliwell France’ Privacy Policy, and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.

If you have a question or complaint, please contact us using the “Contact” button at the bottom of this Web Site.