All texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively « Content ») including but not limiting to the design, structure, selection, coordination, expression, « look and feel » and arrangement of such Content, contained on the Site, is owned, controlled or licensed by or to Actility, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights, and unfair competition laws.
You may use information on Actility products and services (such as data sheet, knowledge base articles, and similar materials) purposely made available by Actility for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and you do not copy or post such information on any networked computer or broadcast in any media, (3) make no modification of any such information and (4) not make any additional representations or warranties relating to such documents.
Your use of the Site
You may not use any « deep-link », « page-crape », « robot », « spider », or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any Materials, documents or information through any means not purposely made available through the Site, Actility reserves the right to bar any activity.
You may not attempt to gain unauthorized access to any portion of feature of the Site, or any other systems or networks connected to the Site or to any Actility server, or to any of the services offered on or through the Site, by hacking, password « mining » or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site, or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information or any other use or visitor to the Site, or any other customer of Actility, including any Actility account not owned by you, to its source, or exploit the Site, or any other service of information made available or offered by or through the Site, in any way where the purpose is to reveal the information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the site or Actility ‘s systems or networks, or any systems or networks connected to the Site or to Actility.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person ‘s use of the Site.
You may not force headers or otherwise manipulate identified in order to disguise the origin of any message or transmittal you send to Actility or through the Site. You may not pretend that you are, of that you represent, someone else, or impersonate any other individual or entry.
Purchases Other Terms and Conditions
Actility conditions, if any, with regards to its products and services, are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Actility may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Actility makes no commitment to update the materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Password and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Actility ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Actility immediately of any unauthorized use of your account or password, or any breach of security. You may be held liable for losses incurred by Actility or any other user of or visitor to the Site due to someone else using your Actility ID, password or account as a result of your failure to keep your account information secure and confidential.
You may not use anyone else ‘s Actility ID, password or account at any time without the express permission and consent of that holder of Actility ID, password or account. Actility cannot and will liable for any loss or damage arising from your failure to comply with these obligations.
Links to other sites and to Actility site
The Site may contain links to other independent third party web sites (« Linked sites »). These Linked Site are provided only for convenience to our visitors. Such Linked Sites are not under Actility’s control, and Actility is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgement regarding your interaction with these Linked Sites.
ACTILITY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN « AS IS » AND « AS AVAILABLE » BASIS. ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED TO CHANGE WITHOUT NOTICE. ACTILITY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ACTILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE. ACTILITY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ACTILITY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ACTILITY FOR DISATISFACTION WIT THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, computer line failure, theft or destruction of an unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence of any cause of action.
Actility reserves the right to do any of the following, at any time, without notice (i) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason (ii) to modify or change the Site, or any portion of the Site, and any applicable policies or terms and (iii) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Limitation of Liability
Except where prohibited by law, in no event Actility will be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Actility has been advised of the possibility of such damages.
You agree to indemnify and hold Actility, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney fees) made against Actility by any third party due to or arising out of or in connection with your use of the Site.
Actility may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury or to interference with (either intentionally or unintentionally) Actility’s rights or property, or the rights or property of visitors to or users of the Site, including Actility’s customers. Actility reserves the right at all times to disclose any information that Actility deems necessary to comply with any applicable law, regulation, legal process or government request. Actility may also disclose your information when Actility determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Actility, in its sole discretion and without notice, terminate your access to the Site, for cause, which includes (but not limited to) (1) requests by law enforcement or other governmental agencies (2) a request by you (self- initiated account deletions) (3) discontinuance or material modification of the Site or any service offered or through the Site or (4) unexpected technical issues or problems.
Governing Law, Dispute Resolution
Void where Prohibited
Actility administers and operates the www. Actility.com Sites from its location in France; other Actility sites may be administered and operated from various locations outside France. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographical locations, or appropriate or available for use outside France. Actility reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographical area. Any offer for any feature, product or services made on the Site is void where prohibited. If you choose to access the Site from outside France, you do so on your own initiative and you are solely responsible for complying with these applicable laws.
You may not use or export or re-export any Content of any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export law and regulations.
Actility provides access to Actility international data, therefore, may contain references or cross references to Actility products, programs and references that are not announced in your country. Such reference does not imply that Actility in your country intends to announce such Products, programs and services.
Feedback and information
Any feedback you provide at this Site shall be deemed to be non-confidential. Actility shall be free to use such information on an unrestricted basis.
The information contained in this website is subject to change without notice
All rights reserved.
Updated by Actility legal team on 1st of July 2016