Essence We.R Guide de l'utilisateur télécharger pdf (Page 265)

End User License Agreement (EULA)

System User Guide

265

participate in any class action against Company, its subcontractors, distributors, licensees or licensors.

b. Any dispute between you and Company or arising out of this contract, including issues of arbitrability, shall,

at the option of any party, be determined by arbitration administered by Arbitration Services Inc., under its

Commercial Arbitration Rules http://www.arbitr8ors.com/.

c. You and the Company submit to the jurisdiction and laws of New York and agree that any litigation or

arbitration between the parties must be commenced and maintained exclusively in Nassau County, New

York.

Article VII – MODIFICATION

The Company reserves the right to modify without prior notice the Application and/or the Service, and the

Terms and Conditions governing its use, at any time, including but not limited to charge fees in order to

access and/or use the Application and/or the Service. The Company also reserves the right to terminate any

or part of the Application and/or the Service at any time on its sole discretion without prior notice.

Article VIII – LICENSE CHANGES

a. The Company reserves the right to update and change, from time to time, this License and all documents

incorporated by reference. At all times, you can find the most recent version of this License at

http://www.essence-grp.com/vault/documents/EULA.pdf .The Company may change this License by

posting a new version and sending you notice by e-mail (to the address listed with the Company). Use of the

Application or Service after such change constitutes acceptance of such changes.

b. This Agreement, and any new versions, between the Company and you, covers all your use of the Service,

including, without limitation, the Application. You can accept this Agreement by clicking on such acceptance

buttons or links as may be designated by the Company. If you disagree with any of the terms below, the

Company does not grant you a license to use the Service and/or the Application.

Article IX – MISCELLANEOUS

a. Your contractual relationship with your Service Provider and/or other third parties, including payment,

delivery of goods or services, and any other terms, conditions, privacy policies, warranties or representations

associated with such dealings, are solely between you and such provider and/or third party. You agree that

the Company will not be responsible or liable for any loss and/or damage of any kind or nature incurred

and/or suffered by you and/or any third party as a result of the presence of such provider and/or third parties

on the Application and/or the Service.

b. These Terms and Conditions constitute the entire Agreement between you and the Company relating to

the Application and/or the Service and govern your use of the Application and/or the Service, and

completely replace and supersede any prior or contemporaneous agreements between you and the

Company regarding the Application and/or the Service.

c. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions

does not constitute a waiver of such right or provision, which will still be available to the Company.

d. The provisions of these Terms and Conditions are independent of and severable from each other. If any

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Essence We.R Guide de l'utilisateur Page 265