The Eval&GO company, designated as 'us', 'the company', 'our', 'we' ;
located at :
Rond point Benjamin Franklin
34 000 MONTPELLIER
registered at :
RCS Montpellier B 528 723 703
The professional user of our Site and Services, referred to herein as 'the professional', 'the user', 'you'.
The Eval&GO company provides to its users the Services of database warehousing and tools to create surveys results (referred to herein as 'Services' or 'Eval&GO'), on its Website whose URL is www.evalandgo.com (as well as any other Eval&GO sites: www.evalandgo.fr, www.evalandgo.de, www.evalandgo.it, www.evalandgo.es, www.evalandgo.pt) (collectively known as 'Eval&GO', 'Site' or 'Website'.) Please note that the Website URL may change at our discretion and without notice.
Identity of the User: The use of the Website and its Services is reserved for professionals, within the framework of their professional activity. The use of the Website and its Services is prohibited to non-professionals. As a consequence, a non-professional could not refer to the applicable law apart from this contract.
Anti-spam policy: Eval&GO has a zero tolerance policy for spam. As a consequence, during your use of our Services you are prohibited from:
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT(S) AND YOUR USE OF THE SERVICES AT OUR DISCRETION AND WITHOUT NOTICE, IF WE BELIEVE YOUR ACTIVITIES ARE NOT IN COMPLIANCE WITH THIS ANTI-SPAM POLICY.
Other prohibited uses
You are also prohibited from:
Any breach of these terms shall be reported to appropriate authorities and will cause an immediate termination of your account and use of the Site and Services. Otherwise, in your use of the Site and its services, you are required to:
Please note that Eval&GO is a single user service and that multiple logins and passwords to the same account are not available or permitted.
Your account will immediately be terminated in the case of sharing login information. We reserve the right to delete any free account at our discretion that has not been logged into for six months or longer.
ANY VIOLATION OF THE CURRENT TERMS OR ANOTHER SERIOUS FAULT NOT EXPRESSLY NAMED IN THIS CONTRACT WOULD BE SANCTIONED BY AN IMMEDIATE TERMINATION WITHOUT NOTICE OF YOUR ACCOUNT AND USE OF THE SERVICES.
Your use of our Services and Site is at your own risk. Therefore, Eval&GO could not be held responsible in a case of :
Eval&GO does not make any warranty as to any information that may be obtained through the service or site or that defects in the software for the service will be corrected or that the site is free of viruses or other harmful components. Eval&GO makes no warranty regarding any goods or services purchased or obtained through the service or site or any transactions entered into through or based upon the service or site.
ou agree that Eval&GO or any parent entities, subsidiaries, affiliates, employees or officer, could not be held responsible for any direct, indirect, special, incidental, consequential or punitive damages arising out of your access to, use of, inability to use, or reliance on the service or any survey, survey responses or survey results, even if advised of the possibility of such damages. This provision enforces to the fullest extent permissible pursuant to the applicable law.
EVAL&GO IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SURVEY OR INVITATION TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED THROUGH THE WEBSITE OR SERVICE : THE COMPANY CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGES OR VIOLATIONS OF THE LAW CAUSED BY THE USE OF ITS WEBSITE OR SERVICES.
AS A CONSEQUENCE, YOU WARRANTY EVAL&GO AND AGREE TO IDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES AGAINST ANY CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES; ARISING FROM THE USE OR MISUSE OF THE COMPANY'S WEBSITE OR SERVICES.
This expressly includes :
You agree to pay subscriptions according to our tariff and fee policy here. We will automatically charge, all account fees, and including any applicable taxes, at the rates in effect when the fees are incurred. A cancellation of a subscription requested by User through User's account page will become effective on the date that the then-current subscription period expires. No refund of subscriptions will be given. You are solely responsible for properly cancelling your account : an email or a phone request shall not result in a cancellation. You agree that in a case of termination of your account at our discretion, the termination will become effective at the date of the cancellation of your account. No refund of subscriptions will be given. You also warrant that the credit card information you provided is correct and agree that you shall promptly notify us of any changes to such credit card information. If payment cannot be charged to the credit card you have on file with us, we reserve the right to suspend or terminate your account and access to the services. Your account will be automatically renewed and charged upon every expiration date of your subscription, unless your subscription is cancelled using the tool in user's account page on the Site at any time prior to the end of the then-current subscription. The renewal charge will be equal to the original subscription price, unless we notify you otherwise in advance.
HOWEVER, ANY INFORMATION COLLECTED BY EVAL&GO MAY BE SHARED IF IT IS NECESSARY TO INVESTIGATE, PREVENT OR PROSECUTE ILLEGAL ACTIVITIES, SUSPECTED FRAUD, VIOLATION OF THE TERMS AND CONDITIONS, OR AS OTHERWISE REQUIRED BY LAW OR A VALID GOVERNMENT REQUEST (included but not limited to search warrants, subpoenas or court orders).
All materials on the Eval&GO Site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Eval&GO or owned by other parties who have licensed their intellectual property to Eval&GO. Eval&GO, and all other derivations of the " Eval&GO " mark appearing on this web site are trademarks and/or service marks of EVAL&GO and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. The material from this Site and from any other web site owned, operated, controlled, or licensed by Eval&GO may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The extraction and use of data from the Eval&GO databases are strictly forbidden without the permission of the company Use or modification of Eval&GO's intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of Eval&GO's copyrights and other proprietary rights and is strictly prohibited.
Eval&GO may also link to or include on its Web site resources and information provided by third party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services. Eval&GO has not reviewed all of the third-party sites nor reviewed any products or services they may provide. Eval&GO is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. Eval&GO does not control in any respect any information, products or services offered or suggested by third parties on the site. Eval&GO does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the site or connected by links.
This Agreement shall be governed by, construed and enforced in accordance with FRENCH LAW, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in the jurisdictions of Montpellier (France), and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties to this agreement acknowledge that, in a case of unenforceability of a provision of this contract, a new provision would be negotiated between both sides, in accordance with the sense of this contract and the applicable law. You also acknowledge and agree that Eval&GO will fully cooperate with any law enforcement authorities or court order requesting or directing Eval&GO to disclose information or materials in our possession.