2. ACCEPTANCE OF TERMSUnless otherwise agreed to in a separate signed agreement between Your Company and ACCELEREX, Your access and use of the ACCELEREX.ch, Content (defined in Section 7 below), or any forums, wikis, blogs, or services provided on ACCELEREX.ch (any Services ), are subject to this TOU. Additionally, Your use of the ACCELEREX.ch, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms), which may be posted on the ACCELEREX.ch where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms) form a legally binding agreement between You and ACCELEREX regarding Your access and use of the ACCELEREX.ch, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using ACCELEREX.ch, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use ACCELEREX.ch.
4. CONFIDENTIAL INFORMATIONA. Except for Web sites within ACCELEREX.ch which are clearly identified as non-public (each a Non-Public), the ACCELEREX.ch is intended to be a public forum subject to the terms of this agreement and You agree not to provide ACCELEREX or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any Content that You send or upload to ACCELEREX.ch will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
B. You agree not to reproduce any Confidential Information to which you are provided access through the ACCELEREX.ch in any form except as authorized at the time of disclosure. Any reproduction of ACCELEREX Confidential Information shall remain the property of ACCELEREX and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of ACCELEREX. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on Services, or compete with ACCELEREX Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which ACCELEREX or third parties protect against unrestricted disclosure to others which is either labelled Confidential, accessed through a restricted area of ACCELEREX.ch, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care. All uploads by you into ACCELEREX.ch, whether into a public forum or non-public forum, shall be at your own risk and ACCELEREX takes now responsibility for the use or misuse of any such uploaded information by any other user of ACCELEREX.ch.
5. YOUR INFORMATION, PRIVACY, AND DATA PROTECTIONYou understand and agree that ACCELEREX collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to ACCELEREX's Privacy Statement. Data to be processed includes Your name, email address, and other information which may include but is not limited to Your telephone number, and postal address. In a limited number of cases when accessing specific websites or responding to sales offers (each, a "Transaction"), ACCELEREX may temporarily collect and utilize Your credit card number and expiration date for the purposes of processing a Transaction. Collection and processing of credit card numbers and expiration dates will be subject to a separate agreement. All personal data will be treated confidential and in compliance with the Swiss Data Protection Act (Datenschutzgesetz des Bundes) and other applicable legislation.
You agree that ACCELEREX may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of ACCELEREX, Users, and the public.
You agree to comply, with the terms of the above ACCELEREX privacy statement, and the privacy terms found by clicking on privacy at the bottom of the home web page comprising the ACCELEREX.ch.
6. COPYRIGHT POLICYUnauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use ACCELEREX.ch to infringe the Intellectual Property Rights of ACCELEREX or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of any Content accessed on the ACCELEREX.ch. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
You agree to comply with the terms of the above ACCELEREX Copyright Policy and those terms found by clicking on Copyright/Trademark at the bottom of the home web page comprising the ACCELEREX.ch.
7. COPYRIGHT POLICYACCELEREX.ch may contain links to external Web sites and information provided on such external websites by ACCELEREX partners and third-party service providers. ACCELEREX shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that ACCELEREX shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any article, information, data, code, text, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on ACCELEREX.ch (any Content), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
8. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTSubject to any licenses You grant to ACCELEREX pursuant to this agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the ACCELEREX.ch to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
By transmitting or uploading Content to ACCELEREX.ch, You grant ACCELEREX a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to ACCELEREX that You have the right, title, and/or authority to grant such license to ACCELEREX. ACCELEREX may elect not to post or publish the Content that You send or upload. If ACCELEREX elects to post or publish the Content, ACCELEREX may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
All Intellectual Proprietary Rights to any ACCELEREX Services shall belong to ACCELEREX. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any ACCELEREX Service for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to ACCELEREX any modifications or derivative works of any ACCELEREX Service made by You in contravention of this limitation.
9. PERMISSIBLE USE OF ACCELEREX.chYou are permitted to access ACCELEREX.ch and Use the Services Content solely for Your personal, informational, non-commercial purposes.
10. TERMINATION AND ACCOUNTABILITYIn the event You are in material breach of the Controlling Terms, ACCELEREX may, at its sole discretion refuse You any current or future use of ACCELEREX.ch. ACCELEREX may remove any Content posted on ACCELEREX.ch at ACCELEREX's sole discretion. ACCELEREX shall not be liable to You or any third party for any termination or change to ACCELEREX.ch and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of ACCELEREX.ch or any other Users computer system, ACCELEREX may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use ACCELEREX.ch to:publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity; impersonate any person or entity, including, but not limited to, an ACCELEREX official, ACCELEREX employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity; forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner; interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; violate any applicable local, state, national or international law and any regulations; harvest, collect, or store personal information or data of other Users.
11. INDEMNITYYou agree to indemnify and hold ACCELEREX, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of the ACCELEREX.ch or Services, Your breach of this TOU or ACCELEREX's Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
12. EXCLUSION OF WARRANTIESACCELEREX.ch, Content, and Services are being provided to You AS IS. ACCELEREX does not guarantee or warrant any features or qualities of the ACCELEREX.ch, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to ACCELEREX.ch, Content, or Services in promotional material or on ACCELEREX.ch and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published ACCELEREX description of or advertisement except to the extent ACCELEREX has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of ACCELEREXs management.
ACCELEREX does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the ACCELEREX.ch, or the content obtainable on such web-pages or (ii) any information provided by third parties on ACCELEREX.ch. ACCELEREX only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the ACCELEREX.ch evidently contains illegal contents or infringements against intellectual property rights. ACCELEREX will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. ACCELEREX shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by ACCELEREXs wilful misconduct, gross negligence or ACCELEREXs failure to fulfil its duty to review as stipulated herein.
13. LIMITATION OF LIABILITYTo the extent allowable by applicable law, ACCELEREX and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors are not liable to any user for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if ACCELEREX has been advised of the possibility of such damages), however caused, whether in contract, tort, or otherwise, arising out of or resulting from: (i) the use or the inability to use the ACCELEREX.ch, ACCELEREX services; (ii) the cost of procurement of substitute services and services arising out of Your use or inability to use any ACCELEREX content, or services purchased or obtained during transactions conducted on the ACCELEREX.ch; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements, messages, or conduct of any third party on the ACCELEREX.ch; or (v) any other matters relating to the ACCELEREX.ch or services.
14. APPLICABLE LAW14. A. This site is created and controlled by ACCELEREX in Switzerland. Except as set forth in Section 15 B., the laws of Switzerland will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
14. B. In the event You access or Use ACCELEREX.ch from the United States, matters related to access and Use of ACCELEREX.ch and these TOU shall be governed by U.S. federal law or the laws of the State of Illinois. Any legal action or proceeding relating to your access to, or use of, ACCELEREX.ch or Content shall be instituted in a state or federal court in Chicago, Illinois. You and ACCELEREX agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
15. SURVIVALYour confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or ACCELEREXs written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
16. WAIVER AND SEVERABILITYThe failure of ACCELEREX to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
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1. GENERALProtecting the individual's privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. ACCELEREX has created this privacy statement to demonstrate our firm commitment to the individual's right to privacy. This policy outlines our personal information handling practices for this website.
This Privacy Statement covers this website and other sites that reference this Privacy Statement. Some ACCELEREX entities, programs and/or sites may have their own, possibly different, privacy statements. We encourage you to read the privacy statements of each of the ACCELEREX websites or program information you visit or review.
2. GLOBAL PRIVACY FUNDAMENTALSOur privacy practices reflect current global principles and standards on handling personal information. These principles include notice of data use, choice of data use, data access, data integrity, security, onward transfer, and enforcement/oversight. We abide by the privacy laws in the countries where we do business.
3. CONSENTBy using this Website, you consent to the collection and use of the information as described here. If we decide to make changes to this Privacy Statement, we will post the changes on this site so that you will always know what information we collect, and how we use it.
From time to time, as may be required by applicable law, we may also seek your explicit consent to process certain data and information collected on this website or volunteered by you.
4. COLLECTION AND PROCESSING OF YOUR PERSONAL DATATo serve you better and understand your needs and interests, ACCELEREX collects, exports, and uses personal information with adequate notice and consent, along with required filings with data protection authorities, when applicable.
5. USE AND PURPOSE OF COLLECTED PERSONAL DATAThe information ACCELEREX collects to understand your needs and interests helps ACCELEREX deliver a consistent and personalized experience. We will use such information only as described in this Privacy Statement and/or in the way we specify at the time of collection. We will not subsequently change the way your personal data is used without your consent, as required by applicable law. Some of the ways we may use your personal data include, but are not limited to: To process your orders and deliver services that you have ordered;
To keep you up to date on the latest announcements, updates, special offers, and other information. This may occasionally include information from other technology companies or business partners about services that can add value to YOU;
To tailor information about our services to your individual interests. For example, during a visit to our site, it allows us to provide you with specific information on services that may be of interest;
To provide the ability to create personal profile areas and view protected content;
To conduct online "Click to Chat" and "Click to Call" sessions;
In order to ensure and control the quality of the information and experience you have during chat sessions with ACCELEREX by educating our personnel to effectively answer your questions;
To provide the ability to contact you, and provide you with shipping and billing information, and to provide customer feedback and support;
To provide contests, sweepstakes or other marketing or promotional activities on the ACCELEREX.ch or affiliate websites. Personal data may be collected to administer those programs;
To conduct questionnaires and surveys in order to provide better services to our customers and end users. Your completion of any questionnaires is voluntary; To support recruitment inquiries; and To meet contractual obligations.
6. IP ADDRESSESWe use IP addresses to help diagnose problems, to administer our website, and to gather demographic information. We may also use IP addresses or other information, such as your ACCELEREX.ch user information you have shared on this website or at any earlier occasion or a campaign code, to determine which pages on our sites are being visited and topics that may be of interest, so we can provide you with information about relevant services. Generally, ACCELEREX will aggregate such data only in an anonymous way and will not tie it to a particular individual unless he or she has given consent. When you visit our site, we recognize only your domain name.
ACCELEREX may also collect IP addresses (and other technical information such as browser type) during a Click-to-Chat or Click-to-Call sessions that you initiate. This information is collected when you connect to ACCELEREX so that we may identify your session, deliver content based on the technical capabilities of your browser, and for quality control purposes. Your IP address will not be used to identify you unless you provide your prior consent.
ACCELEREX will only gather information related to your visit to the ACCELEREX site. We do not track or collect personal information from your visits to companies or entities outside the ACCELEREX Group of companies.
7. AUTOMATED TOOLSIn addition to the information you provide, ACCELEREX may also collect information during your visit to an ACCELEREX website through automated tools, which include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at an ACCELEREX website. Using these tools, ACCELEREX is also able to confirm receipt of e-mails that the recipient consented to receive and can track other information such as pages visited on the ACCELEREX site and whether or not the recipient registers for an event offered by ACCELEREX and certain other aggregate data that is not related to a particular individual.
8. EMBEDDED WEB LINKSEmails from ACCELEREX often use links designed to lead you to a relevant area on the Web, after redirection through ACCELEREX's servers. The redirection system allows ACCELEREX to change the destination URL of these links, if necessary, and to determine the effectiveness of our marketing initiatives.
In emails, such links may also allow ACCELEREX to determine if you have clicked on a link in the email, and the information about this interaction may be connected to your personal identity. If you do not want ACCELEREX to collect information about the links you clicked, you can simply choose not to click on the links in an e-mail that ACCELEREX sends you.
10. E-MAIL ADDRESSESIf you choose to give us your e-mail address, we will communicate with you via e-mail. We do not share your e-mail address with others outside ACCELEREX. You can choose not to receive any more e-mail at any time.
Depending on how your e-mail application is set up, information about you may be transmitted automatically when you send e-mail to ACCELEREX.
If you choose to register for third-party services, we may need to send some information from your ACCELEREX.ch registration to the service provider, possibly including your e-mail address.
11. SHOPPING OR EVENT REGISTRATIONOur site includes order forms that you fill out to request information, and services. These forms may collect your financial information, such as your banking details or credit card numbers. ACCELEREX promises to use any financial information that you submit solely for billing and payment purposes for that special transaction. This may include the transfer of your data to third parties involved in executing the transaction, such as banks, credit card companies and other financial and credit control institutions.
12. SHARING YOUR PERSONAL DATAAs a global company, ACCELEREX operates a number of Web sites around the world. Any data and information that you volunteer or that is otherwise collected on one of our sites in any one country may be sent electronically to a server for one of these sites in another country. We safeguard your privacy interests around the world by ensuring that this ACCELEREX site adheres to our data protection principles described in this statement.
Companies in the ACCELEREX Group may use the information internationally in connection with processing your inquiries and orders, to help improve our services and for processing and storage.
We may also share such information with business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service or transaction, including processing orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support, or providing you with information on services that may be of interest to you.
We only provide these third parties with the minimum amount of personal data necessary to provide the services on our behalf, and the third parties are not permitted to use your personal data except for the limited purpose of completing the requested service or transaction.
We do not sell or rent your personal data to third parties for marketing purposes unless you have granted us permission to do so.
We may respond to subpoenas, court orders, or legal process by disclosing your personal data and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
Circumstances may arise where, whether for strategic or other business reasons, ACCELEREX decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve, in accordance with applicable law, the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is ACCELEREX's practice to seek appropriate protection for information in these types of transactions.
13. SECURITY OF YOUR PERSONAL DATAACCELEREX is committed to protecting the personal data you share with us. ACCELEREX uses a combination of industry-standard security technologies, procedures, and organizational measures to help protect your personal data from unauthorized access, use or disclosure. ACCELEREX supports online security using secure server technology because we want your data to be safe. There are state-of-the-art security arrangements and facilities on ACCELEREX sites to prevent abuse.
We bind our employees to observe your privacy and confidentiality rights.
14. LINKS TO OTHER SITESThis site may contain links to other sites. ACCELEREX is not responsible for the privacy practices or the content of other websites outside the ACCELEREX Group of companies.
15. CHOICE/OPT-OUTWe communicate with users who subscribe to our services on a regular basis via email, and we may also communicate by phone to resolve customer complaints or investigate suspicious transactions. We may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.
ACCELEREX provides you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us such as emails or updates from us regarding new services offered on this website or if you do not want us to share your personal information with third parties. The opt-out choice may be exercised by unsubscribing at http://www.ACCELEREX.ch/profile/unsubscribe.epx.
16. DATA RETENTIONACCELEREX will not retain your personal data longer than is necessary to fulfil the purposes for which it was collected or as required by applicable laws or regulations.
17. CHILDREN'S PRIVACYACCELEREX does not knowingly collect Personal Data from children under the age of 13. If we learn that we have collected Personal Data on a child under the age of 13, we will delete that data from our systems.
18. DATA RETENTIONIf you have any other questions about this privacy statement or if you wish to inspect the information we hold about you, please contact: firstname.lastname@example.org
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