TERMS AND CONDITIONS

BETWEEN:
The Eval&GO company, designated as 'us', 'the company', 'our', 'we' ;
located at :
Eval&GO
Rond point Benjamin Franklin

34 000 MONTPELLIER
FRANCE
registered at :
RCS Montpellier B 528 723 703
AND
The professional user of our Site and Services, referred to herein as 'the professional', 'the user', 'you'.

OFFER OF THE CONTRACT

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.

PROHIBITED USES

RESPONSIBILITY

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 :

THESE TERMS OF USE AND THE SERVICES MAY BE TERMINATED BY EVAL&GO AT ANY TIME. EVAL&GO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY MANNER FOR TERMINATION OF THE SERVICE. UPON TERMINATION, YOUR RIGHTS TO USE THE SERVICES AND THE SITE CEASE IMMEDIATELY AND EVAL&GO SHALL HAVE NO OBLIGATION WHATSOEVER TO RETAIN, FORWARD OR MAKE AVAILABLE TO YOU ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS.

IN THE EVENT YOU SHOULD BECOME DISSATISFIED WITH THE TERMS OF USE OR ANY MODIFICATION THEREOF, OR WITH THE SERVICE OR THE SITE, YOUR ONLY RECOURSE IS TO DISCONTINUE THE USE OF THE SERVICE, TERMINATE YOUR SUBSCRIPTION, AND GIVE NOTICE TO US OF THESE ACTIONS.

SUBSCRIPTIONS AND PAYMENT

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.

PRIVACY POLICY

We are committed to protecting the privacy and confidential information of Users. You agree to maintain and comply with a privacy policy that is consistent with the Eval&GO Privacy Policy. You are responsible for all decisions with respect to the personally identifiable information of persons that respond to your surveys or to whom you send surveys. Eval&GO collects and analyzes aggregate information of visitors, including the domain name, visited surveys, referring URLs, and other publicly available information. We use this information to help improve our website and services, and to customize the content of our pages for each individual customer. Eval&GO does not sell or make available specific information about our clients, their clients, or their data, except in cooperation with law enforcement bodies in regards to content violations or violations of applicable laws. We maintain a database of user information which is used only for internal purposes such as technical support, notifying members of changes or enhancements to the service.

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).

Eval&GO may also share information if it is acquired by or merged with another company. In this event, Eval&GO will notify you before information is transferred and becomes subject to a different privacy policy. The Eval&GO company has declared to the CNIL (Commission Nationale Informatique et Liberté) the processing of all the personal data performed by use of the Website or Services. According to 'loi numero 78-17 du 6 janvier 1978 ('informatique et libertés')', the user has a right to access and modify to the information concerning him. He can enforce this right by emailing us at contact@evalandgo.com. Eval&GO uses secure services for online credit card payment transactions and does not record or store credit card information on its site or servers.

INTELLECTUAL PROPERTY

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.

LINKING SITE

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.

CHOICE OF LAW AND COURT

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.