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Introduction

You are bound by these general terms of service immediately on your first use of the EXALEAD Web site, hereafter called “Web site”.

You agree, from the moment you first use the Web site, to be subject to the rights and obligations contained in these general terms of service.

What is it?

The EXALEAD company operates and develops the exalead.com Web site.

This site contains a search engine with advanced functionalities to view and select the results of queries made by the users.

In addition to this standard search service, EXALEAD offers on its Web site other services with added value (e.g., site submission) that may be subject to specific terms of service, in particular if a registration is required to obtain a login and a password.

The search engine and other services of EXALEAD are accessible on the global domain "http://exalead.com" and/or local domain "http://exalead.xx".

What is it for?

The services offered on the Web site are for personal and non-commercial use only. If you want to use them for commercial purposes, you must enter into a contract with EXALEAD: to that end, please contact EXALEAD at the address specified in the “Legal” section.

The Web site has been designed in compliance with French law, in particular the Law for Confidence in the Digital Economy of June 21, 2004. It is therefore intended for use on the French territory. Any user accessing the Web site outside said territory uses it at his/her own risk and it is the user’s responsibility to check that the site complies with the local legislation applicable where he/she is located.

Why general terms of service?

The Internet is an open space where it is difficult to assess the number of users and the difficulties that may arise when they are using the services. In spite of this difficulty, EXALEAD is committed to establishing transparency with the users of these services, and this is the reason why these general terms of service have been drafted.

Definitions

“Database” means the database established by EXALEAD to operate its Web site;

“Cookies” means subfiles of browser software (e.g., Microsoft Explorer, Netscape Navigator, Mozilla Firefox) that enable the tracking of the paths taken by a user on a Web site. Further information on cookies is available under the "Cookies" section of the Privacy Agreement;

“Personal data” means personal data relating to the user and collected inter alia via the questionnaires available online on the Web site;

“Property rights” means rights protected by intellectual property, which is divided into two legal categories: literary and artistic rights (images, text, sounds, designs) and industrial property rights (patents, designs, logos);

“Internet” means the network of networks enabling the exchange of information via a specific protocol, TCP/IP, and through which data is transferred through networks of different natures capable of reading the messages according to the technical standard TCP/IP;

“Hypertext links” means direct access referral mechanisms between a source content file and another content file (target), regardless of their locations on the Internet network;

“User(s)” means any individual or company visiting and using the services of the Web site and having accepted these general terms of service.

Purpose of the General Terms of Service

The purpose of these general terms of service is to define the rights and obligations of the users when using the services provided by EXALEAD on its Web site.

Acceptance of the General Terms of Service

These general terms of service are effective from the moment they are posted online and begin to apply to the user when he/she first uses the Web site.

If a user does not agree with these general terms, he/she shall not use the services offered by EXALEAD any more.

These terms of service apply throughout the time period the site is being used until and unless they are replaced by new general terms of service.

The user may at any time cease using the services. In such case, the user remains entirely responsible for the prior use he/she made of the services, including any content he/she may have published or transmitted via the Web site.

Contractual Documents

The contractual documents are, by decreasing order of priority:

Contents

The users of EXALEAD are made aware that EXALEAD indexes on its sites referenced sites or sites proposed in the form of sponsored or external links via the use of automatic systems specific to EXALEAD or one of its partners.

Although EXALEAD applies all of its care and skills to selecting and compiling the data posted on its Web site, this data is supplied “as is”.

EXALEAD does not warrant that this compilation is error-free, complete, timely or exhaustive, or that the results of the compilation may not be considered by certain persons as offensive, conflicting with public order or morality, etc. If such is the case, the user must send a complaint to EXALEAD to this effect, as set out in Section “Complaint Handling”.

The user uses the data available on EXALEAD site under his/her sole responsibility and control.

EXALEAD cannot be held liable for the content of the data communicated to the users as part of the services and for the use made of said services by them.

Neither can EXALEAD be held liable for the choices made by the users on the basis of the advice found by using the site (including financial advice).

It is therefore up to the user to ensure that he/she is in possession of all the information he/she needs to take a decision consistent with his/her interests.

EXALEAD assumes no liability concerning the decisions of any nature that may be taken by the user based on reliance of data supplied through the use of the site.

The user is reminded that the sites appearing in the search results are placed under the exclusive control of the companies that created them, and do not belong to EXALEAD.

As a result, whenever the user activates one of these sites, it is his/her responsibility to comply with the terms of service applying to said site and EXALEAD disclaims all responsibility regarding the content of the information provided on these sites.

Likewise, EXALEAD cannot be held responsible for any transmission difficulty or, more generally, any network failure.

Duration

Access to the different services is granted for an unlimited period and may be terminated at any time by each party.

Warning

It is the responsibility of the user to possess the skills and means necessary (at the user’s expense: internet access, etc.) to access the different services.

In any case, the user accesses the service under his/her sole control and exclusive responsibility.

Access to the Services

EXALEAD may, but is not obliged to, grant the users access to the Web site 24x7 throughout the year.

EXALEAD reserves the right, without prior notice, to suspend temporarily access to all or part of the services covered by these general terms of service for technical reasons including, but not limited to, the necessity to update, modify and maintain the services and generally for any technical or organizational reason.

Accordingly, EXALEAD cannot be held liable for partial or total unavailability of the services, response time problems, and generally any failure of performance of any kind.

Sponsored Links

Sponsored links are provided and displayed on an “as is” basis by an EXALEAD partner company. The partner is identified as such on the EXALEAD Web site by a hypertext link pointing to the latter.

EXALEAD is not liable to the users for the content of the data displayed as part of these services, the display of the sponsored links or the use made of them by the user.

However, EXALEAD receives complaints made by the users as stated in the Section “Complaint Handling” and takes all the measures it considers appropriate in the event where these contents are obviously illicit and/or inconsistent with the editorial policy adopted by EXALEAD.

EXALEAD then forwards such complaints to its partner, who will handle them and take all the measures it considers appropriate under the partner’s exclusive control and sole liability.

Changes and Evolutions

Changes and evolutions of the services:

EXALEAD reserves the right to change, improve and/or evolve its Web site.

EXALEAD reserves the right to change the conditions applicable to accessing the services, in particular the technical conditions.

EXALEAD further reserves the right to definitively or temporarily stop one or more services available on its Web site as a whole.

As a result, the user acknowledges and agrees that he/she is not entitled to any compensation as a result of such changes in the services by EXALEAD.

Changes and evolutions of the general terms of service:

EXALEAD may change these general terms of service at any time.

Such changes and evolutions are effective when they are posted online and apply to the user upon his/her first use of the site.

Changes to the specific terms of service of certain services:

EXALEAD will strive to notify by any means whatsoever, no later than fifteen days prior to their effective date, any changes in the specific terms of service, in particular those requiring a registration.

By accessing the services, through the use of his/her login and password or any other means specified in said specific terms of service, after the effective date of the changes, the user accepts to be bound by the new specific terms of service.

Property Rights

EXALEAD elements:

The elements owned by EXALEAD, including, but not limited to, the Web site, trademarks, designs, images, sound or video clips, text, photos, logos, graphic charters, software, search engine and databases, are the exclusive property of EXALEAD.

These general terms do not in any way transfer to the users any intellectual property rights in the elements belonging to EXALEAD.

EXALEAD, however, grants to the users a non-exclusive, personal, non-assignable right to access its Internet platform provided such use complies with the conditions stated in these general terms of service and in the specific terms of service.

The user shall not modify any files, documents, data, information or elements belonging to EXALEAD.

The user shall not infringe, directly or indirectly, the property rights of EXALEAD and shall not exploit in any manner the names, trademarks, logos, software, information, databases or documents he/she may generally be provided with in the course of the performance of these general terms of service.

The user agrees to respect all EXALEAD’s rights and shall not raise any analogy, or implied, unauthorized relationship between him/her and EXALEAD, in the public mind for any purpose whatsoever.

To this end, the user undertakes to take any measures necessary to protect such rights against third parties and agrees in particular to maintain in proper state all property notices appearing on all the data, information, and other elements displayed on the Web site or provided to him/her by EXALEAD.

Third party elements:

The elements owned by third parties, including, but not limited to, the Web site, trademarks, designs, images, sound or video clips, text, photos, logos, graphic charters, software and databases, are the exclusive property of their author and are as such protected by copyright, trademark law or any law recognized by applicable legislation.

These general terms do not in any way transfer to the users any intellectual property rights in said elements unless otherwise expressly authorized by EXALEAD or their author. Therefore, the user shall not infringe these rights in any manner whatsoever.

The users acknowledge that the display of elements and content, notably in the form of search result vignettes, constitutes uniquely a reference aid, and is not in any way a form of exploitation or appropriation by EXALEAD of the elements and contents present on the referred sites.

The users acknowledge that insofar as these elements and content expressly refer to the Internet sites on which they are available, it is in no form or manner possible, nor can it be assumed, that these elements and content are the property of EXALEAD.

The users agree not to appeal or contest the usage made of the various elements and content within the context of the operation of the EXALEAD search engine.

Rights to Withdraw, Suspend and Prohibit

The user hereby expressly recognizes that EXALEAD, or any person or entity designated by EXALEAD, is entitled to withdraw, suspend or suppress, without notice or compensation, any element whatever its form that actually or potentially violates any of the terms of these general terms of service, the laws and regulations in force or any rights of third parties.

The user thus accepts that EXALEAD reserves the right to suspend, suppress and limit, temporarily or definitively, the right to access all or part of the Web site’s services.

Liability of Users

When the user uses the services, including when he/she submits a site and/or uses keywords to feature an external site, EXALEAD invites the user to check that the keywords chosen are legally available.

To this end, technical means are made available to the user on the Web site.

It is not EXALEAD’s responsibility to check how a keyword will be used.

All information posted by the user must respect the rights of third parties and must not conflict with public order, morals, EXALEAD’s rights and the ethical rules governing the Internet.

The user shall not transmit on the Web site illicit or illegal data or data likely to:

The user further agrees not to:

The user undertakes to inform EXALEAD by registered, return receipt requested letter of any complaint, legal actions or claims directed against him/her that may affect these general terms of service.

EXALEAD is committed to respecting third-party rights and has put in place a service where the users can notify EXALEAD of any complaint in relation to the use of the Web site.

The user agrees not to make any automated queries in any form whatsoever (software, metasearch, etc.).

Complaint Handling

Any complaints concerning the use of the site must be sent at the address mentioned in the “Legal Notice” section.

EXALEAD takes, on its own initiative, the decisions it considers useful in dealing with any offences it identifies on its Web site.

Use of the Site by Children

EXALEAD attaches particular importance to the use of the Web site which could be made by children and advises parents and guardians to supervise their children's access to the Internet.

EXALEAD further reminds parents and guardians that certain content of the Web site may be intended for adults 18 years of age and older, and may be unsuitable for the children. Given this possible presence of adult content, EXALEAD offers to parents and guardians a filter enabling them to restrict minors' access to any such adult content that may be available on its Web site.

However, given the multiplicity of available content, EXALEAD reminds the parents and guardians that it is not possible to completely exclude all adult content in spite of the activation of the filter. Therefore, parents and guardians should attentively supervise the use of the Web site by minors.

Given the absence of an a priori agreement on the contents to be filtered, and given the multiplicity of content available, the filtering function is not activated by default by EXALEAD. It is the responsibility of parents or guardians to activate the filter, to configure the accounts as necessary, and to supervise access to the Web site by minors.

Security and Use of the User ID

To access certain services of the Web site, the user may need to use a login and a password.

The user is solely responsible for preserving and protecting the confidentiality of his/her login and password and for the data he/she communicates.

The user undertakes to take all relevant measures to ensure their absolute confidentiality.

The user further undertakes not to communicate, transfer, sell or loan his/her password to a third party.

In any case, any use of his/her password and login by the user creates the conclusive presumption that the user benefits from access to the services of the Web site.

The user agrees to immediately notify EXALEAD of any disclosure of his/her login and password to third parties and any fraudulent use thereof of which he/she may become.

Such notification should be sent to EXALEAD by e-mail and confirmed by registered letter, return receipt requested. EXALEAD will then prohibit access to the services through the use of the user’s login and password no later than 48 hours after receipt of such notification.

The user is in any event responsible for the use of the services of the Web site made with his/her login and password as long as no request has been made to EXALEAD for a login and password change.

Only the date of delivery of the registered letter shall be deemed authentic by the parties.

Modalities to Collect, Manage and Use Personal Data

EXALEAD may collect personal data concerning the users who wish to access certain services of the Web site through a form, electronic mail service or any other method that may be proposed via the Web site.

EXALEAD may also automatically collect personal data concerning the users who wish to access the services of the EXALEAD site by using cookies, which follow how users navigate the services.

The user hereby agrees that EXALEAD may use cookies or any other similar technique to track the navigation of the users accessing the services of the Web site, and collect data concerning such users.

All the personal data collected by EXALEAD will be subject to automatic processing operations.

In accordance with the Data Protection Law No. 78-17 of January 6, 1978, the users of the EXALEAD site have a right to access, modify and rectify the data about them.

Further information on these modalities can be found in the "Privacy Policy" accessible on the Web site.

Liability

The user acknowledges that EXALEAD is subject to a best efforts obligation and cannot be held liable, to the fullest extent permitted by applicable law, for direct damage, including consequential damage or indirect damage that may result from the access to, or use of, the services provided on the EXALEAD Web site.

The user acknowledges and agrees, among other things, that:

Assignment

The user may not under any circumstance assign all or part of his/her rights under the general terms of service.

Accordingly, the user may not rent, subrent or otherwise make available to a third party the rights he/she may possess to access the services of the EXALEAD site.

Termination

If either party breaches the obligations stated in these general terms of service and fails to remedy it within 15 days following the notification of such breach by registered letter, return receipt requested, the non-breaching party may, as a matter of right, terminate these general terms of service without prejudice to any damages it could claim hereunder.

Force Majeure

In the case of a force majeure event, the performance of these general terms of service will at first be suspended.

If a force majeure event lasts for more than three months, these general terms of service will automatically be terminated unless otherwise agreed by the parties.

It is expressly agreed that events of force majeure or fortuitous events will be those usually recognized by the decisions of the French courts and tribunals.

Rules of Evidence

All the electronic mails exchanged between the parties constitute evidence and may therefore be enforced against them.

The computer logs stored in EXALEAD’s computer systems are stored in reasonable security conditions and will be deemed as constituting evidence of the communications between the parties.

Access to the services is archived and stored on reliable and durable media that may be used as evidence.

No Agency

Neither party may contract for and on behalf of the other.

Each party remains solely responsible for its acts, assertions, commitments, services, products, and personnel.

Good Faith

The parties agree to perform their obligations with the utmost good faith.

Headings

In case of difficulty of interpretation as a result of a discrepancy between the section headings and any of the sections, headings shall be declared null and void.

Severability

If one or several provisions of these general terms of service were to be held invalid or so declared by a law, a regulation or a final decision rendered by a court having proper jurisdiction, the other provisions shall remain in full force and effect.

Non Waiver

The parties mutually agree that if one of the parties tolerates a situation, it shall not grant rights to the other party.

Such a tolerance shall not be construed as a waiver of the rights in question.

Domicile and Notices

The parties elect domicile at the addresses posted on the EXALEAD Web site and appearing on the questionnaire filled in by the user.

Jurisdiction

IF NO OUT-OF-COURT SOLUTION CAN BE FOUND, ALL DISPUTES SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF FRENCH COURTS, WHATEVER THE NUMBER OF DEFENDANTS OR ANY INTRODUCTION OF THIRD PARTIES, EVEN FOR URGENT PROCEEDINGS, PROTECTIVE MEASURES, INTRODUCED BY SUMMARY PROCEDURE OR PETITION

Governing Law

These general terms of service are governed by French law.

Both form and substance are governed by French laws regardless of the place from which the user makes a query and irrespective of the content of the data.