Mr SMITH reserves the right to update or modify this Agreement at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by this Agreement as revised. For this reason, we encourage you to review this Agreement each time you use this Site.
AVAILABILITY OF SITE AND INTERNATIONAL USERS
The Site is administered by Mr SMITH from France. This Site and its contents (the « Content ») are designed to comply with EuropeanUnion (EU) laws and regulations and are intended for use by European residents only. Access to the Site and the Content may not be legal by certain persons or in certain countries outside of the EU. If you access this Site from outside the EU, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Materials published on this Site may refer to products or services that are not available in your country. Contact us for more information. Furthermore, Mr. SMITH makes no representation that the materials on the Site are appropriate or available for use at other locations outside of the EU and access to them from countries where their contents are illegal is prohibited.
You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located.
PRIVACY OF INFORMATION
“Personal Information” means all information about an identifiable individual.
These Terms and Conditions constitutes your agreement with Mr. SMITH with respect to your use of Mr. SMITH’s website and services. You must agree to abide by all of the terms and conditions contained in these Terms and Conditions in order to become or remain a user of our website and services. You are granted a limited, non-sublicensable license to access and use Mr. SMITH’s website and services, subject to these Terms and Conditions. This license is revocable at any time by Mr. SMITH.
You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality and other materials that you or a third party allow, submit, post, obtain, email or transmit (or the like) to our website (collectively, “Your Content”) is your responsibility and not our responsibility. We do not control Your Content nor do we have any obligation to review, refuse, or remove any other content available via our website and service; however, we reserve the right to remove any content, including Your Content, available via our website and services at any time. Circumstances under which we may remove Your Content include, but are not limited to, violation of the terms of these Terms and Conditions, abuse of or on our website and services, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and in the assistance of law enforcement.
All other content that is not Your Content or another humanbehavior.solution user’s content that is contained on humanbehavior.solutions’s website and services (“Our Content”) is owned, controlled or licensed by or to Mr. SMITH, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property and unfair competition laws. Except as expressly provided in these Terms and Conditions, none of Our Content may be copied, encoded, posted, publicly displayed, reproduced, republished, uploaded, translated, transmitted or distributed in any way to any other computer, server, website or other medium, electronic or otherwise, for publication or distribution or for any commercial enterprise, without Mr. SMITH’s express prior written consent. Likewise, you may not copy, encode, post, publicly display, reproduce, republish, upload, translate, transmit or distribute in any way to any other computer, server, website or other medium, electronic or otherwise, for publication or distribution or for any commercial enterprise, another Mr. SMITH’s user’s content without that other user’s express consent or authorization.
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Mr. SMITH’s website and services, or any of Our Content, or in any way reproduce or circumvent the navigational structure or presentation of Mr. SMITH’s website or any other content on our website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. You may not attempt to gain unauthorized access to any portion or feature of Mr. SMITH’s website, or any other systems or networks connected to Mr. SMITH’s website or servers, or to any of the services offered on or through the website, by hacking or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Mr. SMITH’s website or any transaction being conducted on the website, or with any other person’s use of the website. You may not use Mr. SMITH’s website or any other content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mr. SMITH or users of our website and services.
By using Mr. SMITH’s website and services you acknowledge that:
- We cannot ensure the security or privacy of information you provide through the Internet, and you release us from any and all liability in connection with the use of such information by other parties;
- We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should be cautious in selecting the personal information you provide to others through Mr. SMITH’s website and services; and
- We cannot guarantee, nor assume any responsibility for verifying, the accuracy of the information provided by other users of our website and services.
CONDUCT; RESTRICTIONS AND PROHIBITIONS
You agree to use Mr. SMITH’s website and services in accordance with the following:
- You will not use Mr. SMITH’s website and services to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain abusive or defamatory statements, or obscene, offensive or otherwise objectionable language.
- You will not use our website and services to infringe the privacy rights, property rights, or any other rights of any person.
- You will not submit any kind of material or information that is fraudulent or otherwise unlawful or violates any law.
- You will not use our website and services to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to our website and services or to other members’ systems in any way.
- You shall not have an account or use our website and services if you have been previously removed by Mr. SMITH staff or moderators.
- You shall not use your account to advertise, solicit, or transmit any commercial advertisements through any chain letters, junk e-mail or repetitive messages to anyone.
- You shall not use your account to engage in any illegal conduct.
- You shall not allow anyone other than the original account creator to gain access to our website and services using the Account.
- You shall not use your account to engage in any hate speech or to publish any sexual content.
- You are responsible for: (a) the security of the services that we provide to you, including, but not limited to your access and you are responsible for all activities that occur under our services, (b) any act or omission by you relating to access to and use of our website and services; and (c) implementing security and other policies and procedures necessary to limit access to our website and services, including, but not limited to, the maintenance of the confidentiality of all usernames and passwords provided by us or created as part of our services.
- You agree to immediately notify us of any attempted or actual unauthorized access or use of our website and services and/or any other breaches of security.
- You acknowledge and agree that we will not be liable, directly or indirectly, for any acts or omissions by you, including any damages of any kind incurred, including any incidental or consequential damages, as a result of such acts or omissions.
- You understand that the technical processing and transmission of your electronic communications is fundamentally necessary to your use of our website and services. You therefore expressly consent to our interception and storage of electronic communications, your data, and Your Content, and you understand that your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by us.
- You understand that changes to your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices. You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that we are not responsible for any electronic communication, your data or Your Content which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by us.
- You own or otherwise have the right to use, post, and disclose Your Content on our website and services and that the use of such content does not and will not infringe or violate any of the rights of any third party pursuant to applicable laws.
- You will not post any Content that harasses or causes distress or inconvenience to any person via the transmission of obscene or offensive Content.
- You will not disrupt the normal flow of any access to, or use of, our website and service.
- You agree to comply with all local rules regarding online conduct and acceptable content.
- You will comply with all applicable laws regarding the transmission of technical data exported from the France or the country in which you reside.
Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
PERSONAL RESPONSIBILITY; LIABILITY
You will be solely responsible for Your Content and anything and everything you submit and publish to Mr. SMITH’s website and services. We cannot assume any responsibility or liability over any material or Your Content published by you or other users on Mr. SMITH’s website and services. The responsibility over any published material or content lies solely on the user that submitted it to our website and services. Mr. SMITH does not control, take responsibility for or assume liability for any content posted by you or any third party, or for any loss or damage thereto, nor is Mr. SMITH liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
LINKS TO OTHER WEBSITES
This Site may frame or contain references or links to other Web sites that are not operated by Mr. SMITH (the « Third Party Sites »). These references and/or links to the Third Party Sites are provided for your reference and convenience only, and do not imply any review or endorsement of the material on these Third Party Sites or any association with their operators. Mr. SMITH does not control these Third Party Sites and is not responsible for their content.
The Third Party Sites (and the Web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. Your access and use of the Third Party Sites (and any Web sites to which they link) is solely at your own risk.
We reserve the right to monitor anything and everything submitted by you to Mr. SMITH’s website and services to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
While we do not and cannot review every message or other material posted or sent by users of Mr. SMITH’s website and services, and are not responsible for any content of these messages or materials. We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and content, that we, in our sole discretion, deem to violate the CONDUCT; RESTRICTIONS AND PROHIBITIONS provisions set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to Mr. SMITH’s website and services.
TERMINATION OF SERVICES
We may, in our sole discretion, terminate or suspend your access to all or part of Mr. SMITH’s website and services at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of Mr. SMITH’s website and services by others may be grounds for termination of your access to all or part of Mr. SMITH’s website and services at our sole discretion, and you may be referred to appropriate law enforcement agencies.
You may cancel your use of our website and services at any time. You are solely responsible for canceling your account before the next invoice period. You understand and agree that we may immediately terminate your right to use Mr. SMITH’s website and services without notice to you under certain circumstances, including, but not limited to:
- breaches of these Terms and Conditions or our other policies;
- requests by law enforcement, government agencies or court order;
- security and technical issues or problems;
- non-payment of any fees owed by you; or
- extended periods of inactivity lasting more than 24-months.
If we terminate your right to use Mr. SMITH’s website and services, you understand and agree that we may delete all of Your Content (and any content associated with you) and that we will not be liable to you or any third party, for any termination of your right to use our website and services or for the deletion of Your Content. Upon termination, we will have no further obligation to grant you any access to or use of our website and services.
LINKS AND DEALINGS WITH THIRD PARTIES
We have no control over any links or other resources available to you via our website and services. Your interaction with and third parties via Mr. SMITH’s website and services are solely between you and such parties. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that we will not be liable, directly or indirectly for any loss or damage of any kind or nature, including any incidental or consequential damages, arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.
PAYMENTS, RENEWALS AND TAXES
All payments due are in European euros unless otherwise indicated. We accept credit cards and PayPal as payment sources. All payments are final and non-refundable, except in our sole discretion. If your use of our website and services is terminated for any reason, whether by you or by us, you will lose and forfeit any time remaining on your account with us.
You must select from the following types of subscriptions for our website and services: (i) yearly; or (ii) month-to-month. The services we provide are defaulted to renew automatically. Accordingly, as of the anniversary date of your subscription, you will be charged the current rate we charge for your type of subscription to Mr. SMITH’s website and services. Your account is provided with the functionality to cancel future automatic renewals.
You authorize us to bill the payment source you provide to us for all applicable fees. If your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess your payment source. We reserve the right to disable or cancel your use of our website and services immediately.
You are responsible for all taxes associated with your use of Mr. SMITH’s website and services. If we are required to collect or pay any taxes relating to your use of our website and services, you will be charged for all such taxes. If you are tax exempt, you must provide us with a valid tax exempt certificate authorized from the appropriate taxing authority.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE Mr. SMITH’s WEBSITE AND SERVICES AT YOUR OWN RISK. Mr. SMITH’S SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
YOU ACKNOWLEDGE THAT USE OF Mr. SMITH’s website and services IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH Mr. SMITH’s website and services BY Mr. SMITH, OUR PARTNERS OR ANY USER OF Mr. SMITH’s website and services OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF Mr. SMITH’s website and services NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN these Terms and Conditions, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF these Terms and Conditions AND ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Mr. SMITH, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, successors, assigns AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY Mr. SMITH AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE Mr. SMITH’s website and services OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF humanbehavior.solutions WEBSITE AND SERVICES, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER Mr. SMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are responsible for making all the necessary arrangements to ensure you can access Mr. SMITH’s website and services (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). Mr. SMITH shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Mr. SMITH’s website and services through mobile services or any similar service currently known or developed in the future.
By accessing Mr. SMITH’s website and services or agreeing to receive messages or notifications from Mr. SMITH through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. Mr. SMITH shall not under any circumstances be liable for such charges.
COPYRIGHT DISPUTE POLICY
If You believe your copyrights have been infringed because of material appearing on our website and services, you must file your claim of infringement with our designated agent via mail at: email@example.com.
Please provide our Legal Counsel with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Site
- Your address, telephone number and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf
Please note that misrepresentations and false accusations of copyright infringement may subject you to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys’ fees.
Please contact us at any of the above addresses to report any other actual or potential violation of the Terms.
You hereby agree to indemnify, defend and hold harmless Mr. SMITH and all officers, directors, owners, agents, information providers, affiliates, licensors, licensees, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants. You also agree to indemnify and hold the Indemnified Parties harmless from any loss, damage, liability or expense you incur or sustain arising out of your use of Mr. SMITH’s website and services except for liability for any acts or omissions of Mr. SMITH which involve willful or intentional misconduct, fraud or knowing violation of law. You shall cooperate as fully as reasonably required in the defense of any such claim.
If you wish to report any violation of these Terms and Conditions by others, you may do so by contacting us at firstname.lastname@example.org, outlining the abuse and or complaint.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to Mr. SMITH’s website and services, or of any Mr. SMITH related products and services. We reserve the right to disclose information about your usage of Mr. SMITH’s website and services and demographics in forms that do not reveal your personal identity.
ADDITIONAL PROVISIONS AND TERMS
These Terms and Conditions represent the entire agreement between you and Mr. SMITH regarding the use of our website and services and supersedes any other agreement or understanding on the subject matter. These Terms and Conditions, your rights and obligations, and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of New, United States of America. As a condition of using Mr. SMITH’s website and services, each user agrees that any and all disputes and causes of action arising out of or connected with Mr. SMITH’s website and services, shall be resolved through arbitration, with such arbitration to be held in Paris, France.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and be enforceable. these Terms and Conditions are not assignable, transferable or sublicensable without the prior written consent of Mr. SMITH. Mr. SMITH may assign these Terms and Conditions in whole or in part.
Nothing contained herein will be construed to constitute any party as a partner, employee or agent of the other party, nor will any party hold itself out as such. No party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions.
These Terms and Conditions and other policies instituted by Mr. SMITH will be governed by and construed in accordance with the laws of France, without effect to conflict of laws provisions. Additionally, except where prohibited by law, as a condition of using Mr. SMITH’s website and services, you agree that any and all disputes and causes of action arising out of or connected to our website and services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of humanbehavior.solutions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Our failure to exercise or enforce any right or provision of these Terms and Conditions or other policies shall not constitute a waiver of the right or provision. Performance by any party of any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.
If any provision of these Terms and Conditions or other policies is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms and Conditions and other policies remain in full force and effect.
Updated on August 1, 2021