SMI-Manager™

Terms of use of the Site

SMI-Manager ™ ("SMI-Manager ™") operates a website ("Site") linked to these Terms of Use whose purpose is to provide online access to information about SMI-Manager ™ and its products, services and opportunities. The use of the SMI-Manager ™ service is governed by the Terms of Use, available at https://www.smi-manager.ch/sites/smi/FR/1/conditions

By accessing and using the Site, you agree to these Terms of Use.

SMI-Manager ™ reserves the right to modify these terms of use at any time without prior notice. Your use of the Site following such modifications implies that you agree to abide by and be bound by these new terms of use. The date of last revision of these terms of use is indicated below.

1. Permitted use of the Site

You may not use the Site, and the information, text, images and other materials that you see, hear or otherwise encounter on the Site (individually or collectively, the "Content") other than for your personal, non-commercial or informational use and only in accordance with these Terms of Use.

2. Prohibited use of the Site

By accessing the Site, you agree not to :

• use the Site in violation of these Terms of Use ;
• use the Site in violation of the SMI-Manager ™ Acceptable Use Policy, available at https://www.smi-manager.ch/sites/smi/FR/1/confidential ;
• copy, modify, create a derivative work, reverse engineer or disassemble the Site, or otherwise attempt to discover source code or allow any third party to do so;
• sell, assign, sub-license, distribute, commercially exploit or make available to any third party the Content or service provided, or grant any warranty or transfer any right in any way with respect thereto;
• use or launch an automated system, including but not limited to "robots", "spiders" or "offline readers", that accesses the Site in order to send more request messages to the SMI-Manager ™ servers during a given time interval than a human being could reasonably do in the same interval using a conventional Internet browser ;
• use the Site in a way that may damage, disable, overload or impair SMI-Manager ™'s Site, or that may interfere with another user's use of the Site;
• duplicate or integrate all or part of the Site on another Site or web page;
• try to access the Site without authorization;
• access the Site by any means other than the interface provided by SMI-Manager ™ for this purpose;
• use the Site for any purpose, or in any manner, that is unlawful or prohibited by this Agreement.

Any unauthorized use of the Content or the Site may violate any patent, copyright, trademark or other laws.

3. Copyrights and trademarks

The Site, including the Content, is based on technology exclusive to SMI-Manager ™. The Site is protected by intellectual property rights and other applicable laws, including trademark and copyright laws. The Site, including all related intellectual property rights, belongs to SMI-Manager ™ or its licensors (if any). SMI-Manager ™ owns and retains all copyright in the Content. Except as specifically permitted on the Site for certain items, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit or broadcast the Content or the Site, or create a derivative work based on the Content or the Site, in whole or in part, in any way. SMI-Manager ™, the SMI-Manager ™ graphics, SMI-Manager ™ logos and other marks used by SMI-Manager ™ from time to time are trademarks owned by SMI-Manager ™. The appearance, presentation/layout, color palette and design of the SMI-Manager ™.com Site are protected by trade dress rights. The customer does not benefit from any right or license to use any of the foregoing. SMI-Manager ™ may use and integrate into the SMI-Manager ™ Site or service any suggestion or comment you make, without payment or conditions.

Notifications of alleged copyright infringement on the Site or service should be sent to the copyright manager at SMI-Manager ™. See instructions regarding alleged copyright infringement below.

4. Information and Materials You Post or Provide

You represent that you own all right, title and interest in and to the materials you publish on the Site or provide to SMI-Manager ™ (the "Materials"), including without limitation any consent, authorization, exemption or license from any third party (such as, but not limited to, any exemptions related to privacy or publicity rights) that you may need to provide, post, upload, integrate or submit the Materials, and you represent and warrant that posting the Materials does not infringe any patent, copyright, trademark right, trade secret, right of privacy, right of publicity, moral right or other intellectual property right of any person or entity in any jurisdiction in which such person or entity is located, or violate any agreement entered into with any other person or entity. In addition, you certify that you are who you claim to be, that you have not provided any false or inaccurate information about yourself, and that all information contained in the Posted Materials is true and is derived from your own work or from work that you are authorized to submit. You also warrant that the Posted Materials do not contain any threatening, harassing, defamatory, libelous, false, abusive, obscene, pornographic or other material that would violate any applicable law or regulation. You agree that you will not knowingly provide any misleading content or misleading information with the intent to defraud. You certify that the Materials you provide do not violate these Terms of Use.

5. Links to Third Party Websites

Links on the Site leading to Third Party Web Sites or information related to Third Parties are provided to you solely as a convenience. If you click on these links, you will leave the Site. These links do not constitute or imply any endorsement, sponsorship or recommendation by SMI-Manager ™ of the relevant third party, the Third Party Website or the information presented therein. SMI-Manager ™ is not responsible for the availability of such Sites. SMI-Manager ™ is not responsible for the Third Party Websites or their content. If you click on links to the Websites of SMI-Manager ™ service providers, you will leave the Site and must comply with the terms of use and privacy policies of such Websites.

6. File Downloads

SMI-Manager ™ cannot and does not guarantee or warrant that files available for downloading from the Site will be free of software viruses or other harmful computer code, files or programs.

7. Disclaimers and Limitations of Liability

SMI-Manager ™ and its service providers, licensors and suppliers make no representation regarding the suitability, reliability, availability, timeliness, security or accuracy of the site or its content for any purpose. To the maximum extent permitted by law, all information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. SMI-Manager ™ and its service providers, licensors and suppliers hereby disclaim all warranties and conditions of any kind with respect to the site and its content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. No statement or information, whether oral or written, obtained from SMI-Manager ™ by any means or mode shall constitute a warranty not expressly and explicitly stated herein. Content may include inaccuracies or typographical errors.

To the maximum extent permitted by applicable law, in no event shall SMI-Manager ™ and its service providers, licensors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary or other damages, including, without limitation, damages for loss of use, data, revenue or profits, resulting directly or indirectly from the use or performance of the site, any delay in or inability to use the site or any content, or arising in any way out of the use of the site, whether based on contract, tort, negligence, strict liability, limited remedy failing its essential purpose, or otherwise, even if SMI-Manager ™ or one of its suppliers has been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

If, notwithstanding the other terms and conditions of this agreement, it is determined that SMI-Manager ™ is liable to you or any third party for any damage, loss or injury, you agree that the total liability of SMI-Manager ™ and its officers, directors, employees, affiliates, agents, contractors, service providers, licensors or suppliers shall in no event exceed CHF 100.00.

8. Compensation

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold SMI-Manager ™, its parent companies, subsidiaries, affiliates, joint venturers, business partners, licensors, employees, agents and third party data providers harmless from and against any and all claims, losses, expenses, damages and costs (including, without limitation, direct, consequential, incidental, exemplary or indirect damages, as well as reasonable attorneys' fees), resulting from or arising out of your use or misuse of the Site or its Content, your inability to use the Site or its Content, or any breach by you of these Terms of Use.

 

9. Privacy

Your use of the Site is subject to SMI-Manager's Privacy Policy ™, available at https://www.smi-manager.ch/sites/smi/FR/1/confidential.

10. Additional terms and conditions of use

If you are a customer of SMI-Manager ™ or the employee, representative or agent of a customer of SMI-Manager ™, your use of the SMI-Manager ™ service is subject to the SMI-Manager ™ General Terms of Use, available at https://www.smi-manager.ch/sites/smi/FR/1/confidential

11. General Provisions

1. Complete agreement/No waiver. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof. No waiver of any right in the event of any breach or default of these terms shall be deemed a waiver of any past or future breach or default.
2. Correction of Errors and Inaccuracies. The Content may contain typographical or other errors and may be incomplete or out of date. Therefore, SMI-Manager ™ reserves the right to correct any errors, inaccuracies or omissions and to modify or update the Content at any time without prior notice. However, SMI-Manager ™ does not guarantee that any errors, inaccuracies or omissions will be corrected.
3. Enforcement / Choice of Law / Choice of Forum If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the remaining provisions of these Terms of Use, which shall remain in full force and effect. Any dispute regarding these Terms of Use, SMI-Manager ™'s Privacy Policy, your use of the Site, any other SMI-Manager ™ website or the Content shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions that may arise. You consent to the exclusive and territorial jurisdiction and venue of the state or federal courts sitting in Boston, Massachusetts, in any dispute of any kind arising out of or relating to these Terms of Use, SMI-Manager ™'s Privacy Policy, your use of the Site, another SMI-Manager ™ website or the Content.

12. Allegations of Copyright Infringement

SMI-Manager ™ respects the intellectual property rights of third parties, and we ask our users to do the same. SMI-Manager ™ may, at its sole discretion, suspend access or terminate the accounts of users who violate the intellectual property rights of others.

If you believe that your work has been copied to the SMI-Manager ™ Website and that such copying constitutes an infringement, please provide the following information to the copyright manager at SMI-Manager ™.

Contact SMI-Manager ™ :

Notices of claimed copyright infringement on or in connection with this Website ("Notices") may be sent to SMI-Manager ™'s Copyright Officer by e-mail at info@smi-manager.com.

Submission of a Notification
To be valid, the Notification must contain the following elements :

1. the physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed ("Complaining Party") ;
2. the designation of the copyrighted work allegedly infringed, or, if the same Notification covers multiple copyrighted works on a single Online Site, a representative list of such works on that Site ;
3. a designation of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or made inaccessible, together with information reasonably necessary for SMI-Manager ™ to locate the material;
4. information reasonably necessary for SMI-Manager ™ to contact the complaining party, such as an address, telephone number and, if available, an email address ;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement that the information in the Notice is accurate and that, under penalty of perjury, the complaining Party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Receipt of a Notification
Upon receipt of the written Notification containing the above information :

1. SMI-Manager ™ will delete or make inaccessible the allegedly infringing media;
2. SMI-Manager ™ will forward the written Notification to the person who allegedly committed the infringement ("Alleged infringer");
3. SMI-Manager ™ will take reasonable steps to promptly notify the Alleged infringer that the material has been removed or made inaccessible.